STUDENT MOCK TRIAL

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• 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.

COURTROOM

• 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.

Judge

•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.

Defendant

Defense Attorney

Bailiff: All Rise! This court is now is session. The Honorable Judge Freemen is presiding. Bailiff: Good morning your Honor.

Basic Procedures……Judge: Good morning Bailiff Stern. Judge: (to the courtroom) You may be seated. (everyone sits)

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”

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• – 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 testimony

Objection

Grounds For Objections

HearsayHearsay 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.

• 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 trail at a later date 9

Verdicts