1. Roles in Criminal Trials Attorneys control the presentation of evidence at trial and argue the merits of their side of the case. They do not themselves supply information about the alleged criminal activity. Instead, they introduce evidence and question witnesses to bring out the full story.

2. Prosecutors present the case for the state against the defendant. By questioning witnesses, they try to convince the judge or jury that the defendants are guilty beyond a reasonable doubt. They suggest a motive for the crime and will try to refute any defense presented by the defendant.

3. Defense Attorneys present the case for the defendants. They offer their own witnesses to present their client’s version of the facts. They may undermine the prosecution’s case by showing that the prosecution has failed to prove its case beyond a reasonable doubt, that prosecution witnesses cannot be depended upon, or that their testimony makes no sense or is seriously inconsistent.

4. Each student attorney will act in one of the following roles: conduct direct examination conduct cross-examination do the necessary research and be prepared to act as a substitute for any of the other attorneys. Any of the three attorneys may make opening statements and closing arguments.

5. A 'judge' or justice is an official who presides over a court and decides issues of both law and fact. A jury is a sworn body of persons convened to render a rational, impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. A person who is serving on a jury is known as a juror. Wikipedia

6. Witnesses supply the facts in the case. Witnesses may testify only to facts stated in or reasonably implied from the witness sheets or fact situation. If a witness is asked a question calling for an answer, which cannot reasonably be implied from the material provided, she must reply, “I don’t know” or “I can’t remember.”

7. Suppose that a witness’s sheet states that he left the Ajax Store and walked to his car. On cross-examination he is asked whether he left the store through the Washington Street or California Avenue exit. Without any additional facts upon which to base his answer, he could reasonably name either exit in his reply, probably the one closest to his car. Practicing his testimony with the attorneys for his own team will help to uncover the gaps in the official materials that he will need to fill for himself. Imagine, on the other hand, that a witness sheet included the statement that someone fired a shot through Mrs. Jones’s closed curtains into her living room. If asked whether she saw the gunman, the witness could answer, “No.” She could not reasonably claim to have a periscope on the roof or to have glimpsed the person through a tear in the curtains. Neither response would be reasonable, and both would add a very important fact, which cannot be found in the case materials.

8. Court Clerk and Bailiff aid the judge in conducting the trial. In an actual trial, the court clerk keeps track of the court records. The bailiff provides the security of the courtroom and also escorts witnesses and juries in the courtroom.

9. Other Courtroom Roles An actual criminal trial might involve additional participants: Marshall Court Recorder Prosecution Coordinator Defense Coordinator Reporters and spectators also attend some trials.

10. Types of trial divided by the finder of fact Jury trial is held before a group of members of the community. Bench trial is held solely before a judge. Bench trials involve fewer formalities, and are typically resolved faster. Furthermore, a favorable ruling for one party in a bench trial will frequently lead the other party to offer a settlement. Wikipedia

11. Types of trial divided by the type of dispute Criminal trial is designed to resolve accusations brought by the government against a person accused of a crime. In common law systems, most criminal defendants are entitled to a trial held before a jury. Because the state is attempting to use its power to deprive the accused of life, liberty, or property, criminal defendants are afforded greater leeway to defend themselves than parties to a civil suit. Civil trial is generally held to settle a dispute between private parties, (although the government can both sue and be sued in a civil capacity, in some countries ). W ikipedia

12. The party bringing a criminal action (that is, in most cases, the state) is called the prosecution, but the party bringing a civil action is the plaintiff. In both kinds of action the other party is known as the defendant. A criminal case against a person called Ms. Sanchez would be described as “The People vs. (=versus, or against) Sanchez” in the United States and “R. (Regina, that is, the Queen) vs. Sanchez” in England. But a civil action between Ms. Sanchez and a Mr. Smith would be “Sanchez vs. Smith” if it was started by Sanchez, and “Smith vs. Sanchez” if it was started by Mr. Smith. Wikipedia

13. Criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty, as opposed to having the defendant prove that he is innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human Rights, and it is included in other human rights documents. However, in practice it operates somewhat differently in different countries. Similarly, all such jurisdictions allow the defendant the right to legal counsel and provide any defendant who cannot afford their own lawyer with a lawyer paid for at the public expense (which is in some countries called a "court-appointed lawyer"). Basic Legal Rights

14. Trial by jury of peers Speedy and public trial Exclusionary Rule- evidence collected or analyzed in violation of the defendant's constitutional rights is inadmissible for a criminal prosecution in a court of law. Self-incrimination- the act of accusing oneself of a crime for which a person can then be prosecuted. Double jeopardy- forbids that a defendant be tried twice for the same crime on the same set of facts Wikipedia

15. The Jury is responsible for finding the facts of the case, while the judge determines the law. These "peers of the accused" are responsible for listening to a dispute, evaluating the evidence presented, deciding on the facts, and making a decision in accordance with the rules of law and their jury instructions. Typically, the jury only judges guilt or a verdict of not guilty, but the actual penalty is set by the judge. Wikipedia

16. A judge may declare a mistrial due to: The court determining that it lacks jurisdiction over a case Evidence being admitted improperly Misconduct by a party, juror, or an outside actor, if it prevents due process A hung jury which cannot reach a verdict with the required degree of unanimity Disqualification of a juror after the jury is impaneled, if no alternate juror is available and the litigants do not agree to proceed with the remaining jurors Wikipedia

17. Rules of Evidence In actual courtroom trials, what spoken testimony and physical evidence are allowed into evidence is governed by very complex rules. These rules are designed to ensure that both sides receive a fair hearing and to keep out any evidence that doesn’t relate to the issue of the case, isn’t reliable, or whose value as evidence is totally outweighed by how prejudicial it would be.

18. Standard Objections An attorney can object any time she or he thinks the opposing attorney is violating the rules of evidence. The attorney may object to questions that the other side’s attorney is asking, to answers that a witness is giving, or to exhibits that the other side is attempting to admit into evidence. Generally attorneys are not allowed to object to opening statements or closing arguments.

19. Procedure for Objections The attorney wishing to object should stand up and do so at the time of the violation. When an objection is made, the judge will ask the reason for the objection. The objecting attorney should state what specific rule of evidence is being violated. Then the judge will turn to the other attorney who asked the question or offered the exhibit, and that attorney usually will have a chance to explain why the objection should not be accepted (that is, should be “overruled”) by the judge. The judge will then decide whether the question, answer, or exhibit must be discarded because it has violated a rule of evidence (“Objection sustained”) or whether to allow the question, answer, or exhibit to become part of the trial record (“Objection overruled”).

20. Irrelevant Evidence “I object, Your Honor. This testimony is irrelevant to the facts of the case.” This means that the witness’s answer, the attorney’s original question, or the exhibit will not help the trier of fact to decide the issues in the case.

21. Leading Questions “Objection. Counsel is leading the witness.” Leading the witness is only objectionable when done on direct examination. Leading questions are proper on cross examination. A leading question is one that suggests the answer to the question and is usually answered by “yes” or “no.”

22. Hearsay “Objection. Counsel’s question (the witness’s answer or the exhibit) is based on hearsay.” Hearsay is a statement made outside of the courtroom. Statements that are made outside of the courtroom are usually not allowed as evidence if they are offered in court to show that the statements are true. The most common hearsay problem arises when a witness is asked to tell what another person said to him or her.

23. There are many exceptions to the hearsay rule. Two of the most common are: a. That a witness may repeat a statement made by either party in the case if the statement contains evidence that goes against his or her side; OR b. If a person’s state of mind at the time of a certain event is important, any statements made about that event at the time the event occurred concerning the speaker’s intent, knowledge, or belief will be admissible.

24. Lack of Personal Knowledge “Objection. The witness has no personal knowledge that would enable him or her to answer this question.” The witness is testifying to things that the witness has not directly seen, heard, or experienced.

25. Opinion “Objection. Counsel is asking the witness to give an opinion.” Unless it is within the common experience of people to form an opinion on the subject, opinions will not be allowed. Expert witnesses may give opinions, if they explain the basis for the opinion, which is called “laying a foundation.” An expert witness is someone who by training or experience has special knowledge in the case.

26. Argumentative Question “Objection. That question is argumentative.” Attorneys cannot badger or argue with the witness. Questions may also not be argumentative in tone or manner. Badgering is harassing or asking again and again. While attorneys questioning the other side’s witnesses can be forceful and pressing, if they go too far a judge will sustain an objection for being argumentative.

27. Speculation “Objection. Counsel is asking the witness to speculate in order to answer the question.” Attorneys cannot ask questions that get witnesses to guess at answers.

28. Special Rule for Mock Trials An opposing witness cannot create new facts that would change the outcome of the case, although witnesses can add minor details. If the attorney believes a witness has gone beyond the information provided and is providing new information that is totally out of character and will change the outcome of the trial, use the following objection: “Objection. The witness is creating material fact that is not in the record.”

29. Hints on Objections Attorneys should object only when they are sure there is a reason and they have a specific objection in mind. Remember, too many objections during a trial are objectionable!

30. Other Procedurals: Only one attorney should stand and object at a time. The attorney assigned to do the direct or cross-examination of a particular witness should be the only attorney able to raise objections when the opposing side conducts its examination of that witness.

31. Once an objection has been made, the witness should stop talking until the objection has been resolved. If the objection has been overruled, the attorney asking the question should persevere and ask the question again to ensure that the witness gets to answer the question or the exhibit gets admitted into evidence. Many times once the objection is overruled, the attorney doesn’t follow up and pursue the issue.

32. When judges rule against attorneys, attorneys should take the ruling gracefully, not making facial expressions or gestures that show the ruling affected them. Similarly, attorneys pleased with a ruling should not thank the judge for it. When objections are sustained, attorneys should move on to another question and end their questioning on a strong note. If the judge has overruled an objection by an attorney, that attorney should not be afraid to object to another question.

33. ACQUIT- To find a criminal defendant not guilty of the charges against him or her. ACTION- A dispute taken to court for resolution. The terms "case, suit and lawsuit" are synonymous with action. ADJUDICATE- To decide or settle something in a legal setting. ADVERSARY SYSTEM- Method used in the courts of the United States to settle legal disputes. Each of the trier of the facts (court or jury). AFFIDAVIT- A voluntary statement or declaration of facts which has been written down and confirmed under oath. GLOSSARY OF LEGAL TERMS

34. ALLEGATION- An assertion, declaration or statement which is made in a pleading by one of the parties to the action and tells what that party intends to prove. ANSWER- Written response in a civil case. In it the defendant admits or denies the allegations of the plaintiff's complaint. APPEAL- Legal process used to ask a higher court to review a decision. APPELLANT- The party appealing a judgment or decision. APPELLATE COURT- A court having jurisdiction (authority) to hear appeals.

35. APPELLEE- The party against whom the appeal is taken. ARRAIGNMENT- Criminal case proceeding in which the defendant is brought before the trial court to answer criminal charges by entering a plea of guilty or not guilty. ATTORNEY AT LAW- Individual who is admitted to the bar and thus may represent clients in legal proceedings. Attorneys are called officers of the court because they have a dual responsibility to protect the integrity of the legal system while simultaneously pursuing their clients' claims. An attorney who has been admitted to the bar in one state is entitled to practice in the courts of that state, but that does not entitle him or her to practice in the courts of another state, in a Federal court or in the Supreme Court. In order to do so, he or she must qualify and be sworn in separately. ATTORNEY OF RECORD- Attorney whose name appears on the permanent records and files of a particular case.

36. AUTOPSY- The examination of a dead body to determine the cause of death. BAIL- Monetary sum which can be assessed by a judge to insure that a criminal defendant who is being released prior to trial will, in fact, appear in court on a trial date. Securities posted as bail are returned when court appearances are satisfied. BAILIFF- Courtroom attendant responsible for keeping order in the courtroom and overseeing the jury. BURDEN OF PROOF- Responsibility for affirmatively proving the disputed facts in a case. CASE- Lawsuit, suit or action being resolved through the use of the court system. CHAMBERS- Private office of the judge.

37. CIVIL LAW- Generally deals with personal actions and usually involves a contract, collection of a debt or compensation for personal injury or property loss. CLOSING ARGUMENT- Final statement given by an attorney for each party which summarizes each party's position on the guilt or innocence of the defendant. Facts and evidence presented during the trial can be reviewed so that inferences may be drawn from them. The ultimate purpose is to persuade those addressed to render a verdict in favor of the client represented. COMPLAINT- The first pleading in a civil case filed by the plaintiff. It alleges the material facts and legal theories to support the plaintiff's claim against the defendant. (Called a Petition in State Court.) CONVICTION- A finding by the judge or jury that a person charged with a criminal offense is guilty beyond a reasonable doubt of committing the crime charged.

38. CORONER- An official whose responsibilities include the performance of designated functions, the most important of which is the investigation of the cause of any violent or suspicious death that takes place within the geographical boundaries of his or her authority. COUNSEL- An attorney or lawyer. The giving of advice and guidance concerning a legal matter. COURT- Judicial tribunal established to administer justice CRIME- An act considered dangerous to the general public and contrary to the good of a community that is forbidden by law and punishable by fine, imprisonment or death. CRIMINAL ACTION- The procedure by which a person accused of committing a crime is charged, brought to trial and judged. The main part of a criminal action is the trial in which the innocence or guilt of the accused is determined. If the defendant is not found guilty, he or she will be acquitted of charges. If the defendant is found to be guilty, a suitable punishment, such as a fine, imprisonment or even a death sentence will be imposed depending upon the punishment provided in the statute under which he or she was prosecuted.

39. CRIMINAL LAW- A body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts. CROSS EXAMINATION- The questioning of a witness by opposing counsel. The scope of cross examination is generally restricted to matters covered during direct examination. However, for the Mock Trial program, scope of cross-examination is not limited. DAMAGES- Monetary compensation claimed by a person who has suffered a loss or injury to his/her person, property or rights as a result of the negligence or unlawful conduct of another. DEFAULT- Failure of the defendant to file an answer or appear in a case within a certain period of time. This will usually result in a default judgment against the defendant. DEFENDANT- The person or party accused of a crime or sued in a civil case who is standing trial.

40. DEMURRER- A plea to dismiss a lawsuit on the grounds that although the opposition's statements may be true, they are insufficient to sustain the claim. DIRECT EXAMINATION- Questioning of a witness by the party who calls the witness. DUE PROCESS OF LAW- The regular course of administration through the courts of justice under the protection of the law and Constitution so that every person can have a fair and impartial trial or hearing. EVIDENCE- A fact presented in court through the testimony of a witness, an object or written documents. EXHIBIT- A document or object which is offered into evidence during a trial or hearing.

41. FEDERAL RULES OF EVIDENCE- A collection of principles that govern the admissibility of facts and testimony to establish or disprove an issue in civil and criminal lawsuits Brought in U.S. courts. The Federal Rules of Evidence are the model followed by states in the promulgation of their rules of evidence. FELONY- A major crime that is punishable by death or imprisonment for more than one year. INDICTMENT- A formal written accusation by a grand jury charging that a person or business committed a specific crime. INFORMATION-A formal written accusation filed by a public officer such as a prosecuting attorney charging that a person or business committed a specific crime. INJUNCTION- A writ or order by a court which requires a party to refrain from doing a particular thing or commanding that the party perform a particular act.

42. INVOKE THE RULE- A rule which prevents witnesses from watching other witnesses as they testify. JUDGMENT N.O.V.- (Judgment non obstante veredicto... Not withstanding the verdict.) In a broad sense it is a judgment rendered in favor of one party not withstanding the finding of a verdict in favor of the other party. JUDGE- Official who directs the trial, decides what laws might apply to the case and rules on points of law. JUDGMENT- The official decision by a court regarding the rights and claims of the parties to a civil or criminal lawsuit. JURISDICTION- The legal authority of a court to hear and decide cases, the exercise of judicial power within certain geographic boundaries.

43. JURY (GRAND)- A group of persons who inquire into and investigate accusations in criminal cases, hears evidence and meet in secret to decide whether to issue indictments. JURY (PETIT)- The group of persons called to decide the facts and render a verdict at the trial of a civil or criminal case. JURY TRIAL- Under the Sixth Amendment to the U.S. Constitution, a person is entitled to trial by jury. This right applies to the states by virtue of the Fourteenth Amendment. The right to trial by jury applies only to crimes in which there is a possibility of imprisonment as punishment. LAW- Provisions which regulate the conduct of society, primarily generated by the legislature through statutes and sometimes by court decisions. LITIGANT- One of the parties involved in a legal action.

44. LITIGATION- Process of settling a dispute through the legal system. MISDEMEANOR- A classification of offenses which are less serious than felonies. A misdemeanor is punishable by a fine or imprisonment other than in a penitentiary for a period of less than a year. Under federal law, and most state laws, any offense other than a felony is classified as a misdemeanor. MOTION IN LIMINE- A motion presented to the judge before the trial begins requesting the court to exclude or limit evidence at trial. OATH- A pledge, affirmation or declaration to provide true information. For an oath to be legally effective, it must be administered by a public official. A spoken oath is generally sufficient; however, a written and signed oath can be required by law. OBJECTION- A formal attestation or declaration of disapproval concerning a specific point of law or procedure during the course of a trial.

45. OPENING STATEMENT- Beginning statement given by an attorney for each party which previews what each attorney expects to happen in the trial. OPINION- Written statement issued to report the decision of an appellate court. PARTIES- Persons, partnerships, corporations, businesses or governmental organizations involved in legal proceedings--litigants. PLAINTIFF- In a civil action, the party who files the lawsuit; in a criminal case, the State of Oklahoma is the plaintiff (prosecution). PLEA- Response of a defendant to the criminal charges; the plea will usually be "guilty" or "not guilty."

46. PLEADINGS- Written documents stating the allegations and claims of the opposing parties in a legal dispute. PROSECUTION- In a criminal case, the State of Oklahoma is the prosecution. PUBLIC TRIAL- An accused has the constitutional right to a public trial to guarantee that a defendant will be treated fairly. RECROSS EXAMINATION- The additional questioning of a witness by the opposing party, that is performed after redirect examination. REDIRECT EXAMINATION- The additional questioning of a witness by the party who calls the witness and which is performed after cross-examination.

47. REMAND- To send back, an appellate court may remand a case to the trial court for retrial or other action. REVERSE- Decision of an appellate court to change, in whole or in part, the decision of a lower court. SENTENCE- Punishment imposed by the court in accordance with the range of sentences outlined by statute. SESSION- One of those periods in a court term when a judge is actually hearing cases. A regular term is one called for by law, and a special term may be called by a judge. SPEEDY TRIAL- The right of an accused person to a speedy trial is recognized under the common law. It is a fundamental right guaranteed by U.S. Constitution and statutory provisions to protect against arbitrary and oppressive delays. These delays can adversely affect the defendant's position due to unavailability or unreliability of witnesses or evidence supporting his or her claims.

48. STATUTE- Law enacted by the legislature. SUBPOENA- Legal document issued by the court to order a person to appear as specified and give testimony. SUMMONS- Legal document issued by the court which directs the sheriff or another officer to notify the named defendant that a complaint has been filed and that he/she is required to appear and answer the complaint on or before the date and time specified. SUSTAIN- To grant, support or uphold. During a trial when an attorney objects to the introduction of evidence and the judge agrees with the objection, the judge sustains the objection. TERM- A term is the time during which a court is authorized to hear cases.

49. TESTIMONY- Oral evidence statement made by a competent witness who has taken an oath to tell the truth which is used to establish some fact or set of facts. TRANSCRIPT- Official, verbatim record of court proceedings. TRIAL- Formal presentation of facts to a court or jury in order to reach a legal resolution. VERDICT- Formal decision of the court. VOIR DIRE- The preliminary examination which an attorney may make of a witness where the competency of the witness is objected to.

50. WITNESS- Individual who gives testimony regarding what he/she has seen, heard or otherwise observed. WITNESS EXAMINATION- A general term which refers to the questioning of the witnesses for both parties. WRONGFUL DEATH- The taking of the life of an individual resulting from the willful or negligent act of another person or persons.