Cole Matthews Vs. Society Mock Trial Should Cole be allowed to return back to the island?

Cole Matthews Vs. Society Today you will be placed on one of three teams; The Defense, Prosecution, or Jury If you are a part of the Defense or Prosecution you will be responsible for preparing a winning case for your team.

Character Roles Cole Matthews Peter Driscal Mrs. Driscal Garvey Mr. Matthews Mrs. Matthews Nathaniel Blackwood Cole’s Lawyers (3 Members) Peter’s Lawyers (3 Members) Jury Foreman/Everyone Else  Bailiff

Student Mock Trial COURTROOM PROCEDURES & Commonly Used Courtroom Language (s) (s) Student Mock Trial

Student Mock Trial 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. 2:05 sec

COURTROOM

Judge Oversees the trial. His/her main duty is to ensure justice is done. The Judge decides on admissibility of evidence. Rules on objections and motions. Keeps control of the courtroom. Sentences the defendant.

Jury 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”.

Defendant Defense Attorney 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. Defense Attorney

Prosecutor 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.

Basic Procedures…… 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)

Basic Procedures…… 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.

Basic Procedures…… Stand when addressing the court or judge Before you begin with any statements, say, “May it please the court” Follow all of the instructions given by the court

#1. Opening Statements Both the prosecutor & the defense make opening statements to the court. The opening statements allow the evidence to be presented to the court. They are also used to “educate the jury” 5:37 Sec

This is your chance to tell your side of the story. #2. Direct examination The prosecution calls all of its witnesses to provide evidence The testimony should utilize the witness’ senses and knowledge #3. Cross examination The defense has an opportunity to question the prosecution’s witnesses 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.

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. –Lawyer raises objection when they want that question or evidence to be disallowed from the trial as a whole. 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

Grounds for Objections 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.

Grounds for Objections 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". Misleading One objection which a lawyer might raise is an objection based on the grounds that the question being objected to was ambiguous, misleading, confusing, vague, or unintelligible. Ultimately, however, an ambiguous, misleading, confusing, vague, or unintelligible question is a question without a clear, obvious, succinct, factual answer. Harassing or arguing with witnesses Objection made be said if opposing Counsel is harassing or arguing with a witness. This usually occurs during cross examination.

Grounds For Objections 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.

“Pop” Quiz on ‘Objections’ Attorney: “What is your favorite stuffed animal?” Attorney: “Objection. This question is irrelevant”.

“Pop” Quiz on ‘Objections’ Attorney: “The gun was under the cash register, correct”? Attorney: “Objection. Counsel is leading the witness”.

“Pop” Quiz on ‘Objections’ 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.”

“Pop” Quiz on ‘Objections’ Attorney: “Objection. Counsel is being argumentive”. Attorney: “You killed your wife”!!

“Pop” Quiz on ‘Objections’ Attorney: “You killed your wife… you killed your wife, you know you did it!! . Attorney: “Objection. Counsel is badgering the witness”.

A closing argument occurs after the presentation of evidence. 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. A closing argument occurs after the presentation of 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. 8 min

Verdicts 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. 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 trial at a later date.

Miley Cyrus Vs. Emma Watson

Character Roles Cole Matthews Peter Driscal Mrs. Driscal Garvey Mr. Matthews Mrs. Matthews Nathaniel Blackwood Cole’s Lawyers (2 Members) Peter’s Lawyers (3 Members) Jury Foreman/Everyone Else  Bailiff

Preparing the Case The Team’s Job Prepare an opening statement that states the facts of your case Carefully read the statements from your classmates, they may say things that you can use against them Determine which characters you want to question or use as a witness for your case Write a list of questions for each character/witness

Preparing the Case The Team’s Job Remember you are trying to WIN! Think of good questions, questions that could trip a witness up or confuse them Are there any secret weapons, surprise witnesses you could use? Prepare a closing argument, be persuasive, state the facts that you have proven and why your team should win

Choose a Side FOR or AGAINST? You must now prepare a statement that reveals your opinion as to what you think should happen to Cole. If you are playing a role, your statement must be from that character’s perspective