Presentation on theme: "2:05 sec Today you will be learning about how to conduct and participate in a mock trial. You will become familiar with some basic courtroom procedures."— Presentation transcript:
2:05 sec Today you will be learning about how to conduct and participate in a mock trial. You will become familiar with some basic courtroom procedures and commonly used language found in a courtroom environment. First, you will analyze a short video clip that shows students in action! Carefully listen to their testimonies that reflect the benefits these students receive from their participation in a mock trial.
Oversees the trial. Oversees the trial. His/her main duty is to His/her main duty is to ensure justice is done. ensure justice is done. The Judge decides on The Judge decides on admissibility of evidence. admissibility of evidence. Rules on objections and Rules on objections and motions. motions. Keeps control of the Keeps control of the courtroom. courtroom. Sentences the defendant. Sentences the defendant.
A group of citizens selected and sworn, according to the law, to inquire about certain facts about evidence presented to them. A group of citizens selected and sworn, according to the law, to inquire about certain facts about evidence presented to them. Based on those findings, the jury is expected to find the defendant “guilty” or “not guilty”. Based on those findings, the jury is expected to find the defendant “guilty” or “not guilty”.
The person against whom a criminal complaint or indictment is filed: the “accused”. A licensed trial lawyer, hired or appointed to conduct the legal defense of a person accused of a crime and to represent him/her before a court of law.
An attorney whose official duty is to conduct criminal proceedings on behalf of the state or the people against those accused of having committed criminal offenses; also called a District Attorney or State’s Attorney.
Bailiff: All Rise! This court is now is session. The Honorable Judge Freemen is presiding. Bailiff: Good morning your Honor. Judge: Good morning Bailiff Stern. Judge: (to the courtroom) You may be seated. (everyone sits)
Bailiff: Your Honor, This is case number 77337, Judge: Prosecutor are your witnesses ready? Prosecuting Attorney: Yes your Honor. Judge: Defense are your witnesses ready? Defense Attorney: Yes your Honor. Judge: Then, prosecutor, you may proceed. Prosecuting Attorney: Thank you your Honor. At this time the prosecution wishes to call _______ to the stand.
Stand when addressing the court or judge Stand when addressing the court or judge Before you begin with any statements, say, “May it please the court” Before you begin with any statements, say, “May it please the court” Follow all of the instructions given by the court Follow all of the instructions given by the court
Opening Statements Both the prosecutor & the defense make opening statements to the court. Both the prosecutor & the defense make opening statements to the court. The opening statements allow the evidence to be presented to the court The opening statements allow the evidence to be presented to the court They are also used to “educate the jury” They are also used to “educate the jury” 5:37 Sec
Direct examination The prosecution calls all of its The prosecution calls all of its witnesses to provide evidence witnesses to provide evidence The testimony should utilize The testimony should utilize the witness’ senses and the witness’ senses and knowledge knowledge Cross examination The defense has an The defense has an opportunity to question the opportunity to question the prosecution’s witnesses prosecution’s witnesses The process then reverses The process then reverses
– means the defense disagrees with the prosecution or vice versa Always stand when making an objection There must be a legal reason for objecting to the evidence or statement The judge will rule on the objection and answer one of two ways Sustained – The person on the stand may not answer the question – The attorney must ask a different question Overruled – The person on the stand may go ahead and answer the question – The judge is going to allow the testimonyObjection
Relevance Only relevant evidence is admissible. Relevant means the evidence proves or tends to prove a fact that is in dispute. For example, in a case involving a collision of two motor vehicles, the speed that the vehicles were travelling would probably be relevant, but what the drivers ate for breakfast would probably be irrelevant. Opinion This rule relates to conclusions or views formed by witnesses based on facts which they have observed. Opinions may not be given in evidence (if relevant). For example, the observation by a witness that another person was red in the face and shaking his fists would be admissible, but the conclusion or opinion that the person was very upset or was angry with him would not be admissible.
Leading or Double Questions A leading question is one in which the form of the question suggests the answer. For example, "Was the car blue?" Double or multiple questions are objectionable because they cannot necessarily be answered with a single answer. For example, the answer to the first part of the question might be "yes" while the answer to the second part of the question might be "no". Harassing or arguing with witnesses Barristers may lodge an objection if opposing Counsel is harassing or arguing with a witness. This usually occurs during cross examination.
Hearsay Hearsay is the statement by a witness of what he or she heard someone else say. Subject to the exceptions set out below, such evidence is inadmissible as to the truth of what the other person said. For example, the statement by a witness, "Mrs Smith told me she saw Mr Simpson driving the car", is not admissible to prove that Mr Simpson was in fact driving the car. It is only admissible as evidence that Mrs Smith said it if that fact is relevant.
Closing Statements A closing argument, summation, or summing up is the concluding statement of each party's counsel restating the important arguments for the jury in a court case.counselargumentscourt case A closing argument occurs after the presentation of evidence.evidence A closing argument may not contain any new information and may only use evidence introduced at trial. It is not customary to raise objections during closing argumentsevidence objections 8 min
Guilty – the jury has determined that evidence exists beyond a reasonable doubt that the accused has committed the crime Guilty – the jury has determined that evidence exists beyond a reasonable doubt that the accused has committed the crime Not Guilty – the jury has determined that the prosecution did not prove beyond a reasonable doubt that the accused committed the crime Not Guilty – the jury has determined that the prosecution did not prove beyond a reasonable doubt that the accused committed the crime Mistrial (hung jury) Mistrial (hung jury) – No matter how many times the judge sends the jury back to deliberate, they cannot reach a unanimous decision on the verdict – The process starts over with a new trail at a later date 18