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 trial. Oversees trial. ensure justice. ensure justice. admissibility of evidence. admissibility of evidence. Rules on objections and Rules on objections and motions. motions. Keeps control Keeps control Sentences. Sentences.

citizens selected get facts about evidence presented and find the defendant “guilty” or “not guilty”. citizens selected get facts about evidence presented and find the defendant “guilty” or “not guilty”.

The person indicted: the “accused”. lawyer, hired or appointed to represent a person accused.

An attorney who represents the state or the people against those accused (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

#1. Opening Statements Both sides give information about their argument. (Introduction) Both sides give information about their argument. (Introduction) 5:37 Sec

#2. Direct examination The prosecution calls all of its The prosecution calls all of its witnesses. witnesses. #3. Cross examination The defense question the The defense question the prosecution’s witnesses prosecution’s witnesses The process then reverses The process then reverses This is your chance to tell your side of the story.

Cross Examination Unlike the direct examination, during the cross examination lawyers are allowed to ask leading questions in order to discount the witnesses’ statements thus solidifying the lawyers’ own argument. Lawyers should be careful not to appear argumentative or intimidating and instead should use the language of their questions to produce the desired answer.

– 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 Objection Sustained The person on the stand may not answer the question. The attorney must ask a different question. OR Overruled The person on the stand may go ahead and answer the question. The judge is going to allow the testimony.

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.

Attorney: “What did you have for dinner?” Attorney: “Objection. This question is irrelevant”.

Attorney: “The gun was under the cash register, correct”? Attorney: “Objection. Counsel is leading the witness”.

Attorney: “Now Mr. Smith, you say that you heard your neighbor say that he was going to kill his wife”? Attorney: “Objection. This question calls for hearsay.” or “The witness’s answer is based on hearsay.”

Attorney: “You killed your wife”!! Attorney: “Objection. Counsel is being argumentive”.

Attorney: “You killed your wife… you killed your wife, you know you did it!!.. Attorney: “Objection. Counsel is badgering the witness”.

Closing Statements # 4. 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 arguments. evidenceobjections 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. 24

Identify the different ways this power-point has helped you understand the judicial process? What additional questions do you still have? Identify the different ways this power-point has helped you understand the judicial process? What additional questions do you still have?