A Role-Play Mock Trial Cookie jar T BOOKCASE STUDEN NAME:
The Cookie Jar Case A Role-Play Mock Trial Copyright © Community Learning LLC. All rights reserved.
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Table of ContentsIntroduction .................................................................................................... iiiLesson 1: How a Courtroom Works ........................................................1Lesson 2: Opening Statements .................................................................7Lesson 3: Questioning Witnesses .......................................................... 17Lesson 4: Closing Remarks......................................................................29Lesson 5: e Mock Trial ........................................................................ 37Glossary .....................................................................................................41Copyright © Community Learning LLC. All rights reserved. Student Book i
ii Student Book Copyright © Community Learning LLC. All rights reserved.
Introduction Student Book iii Take the Evidence to Trial For the last few weeks you’ve been examining the various clues le behind when someone ate Mrs. Randall’s chocolate chip cookies and broke her cookie jar. You’ve practiced your observation skills and analyzed handwriting, ink, and hair samples. You’ve looked for trace evidence and at shoe prints, bite marks and ngerprints. You’ve even looked at blood samples and learned about DNA. You’ve read the suspects’ statements. And through it all, you’ve taken notes to determine who ate those cookies and broke the cookie jar. Your investigation is complete and you have determined who you think committed this heinous crime. Now it’s time to take the evidence and present it in a trial, where a jury will determine if those whom you suspect ate Mrs. Randall’s cookies and broke the cookie jar really did it. Earlier you were forensic partners, analyzing evidence. Now, as you bring the case to court, you will become the attorneys and expert witnesses. Your rst step will be to look at how a courtroom works, the people who work on it, and what they do. We will then split up into two teams of attorneys and prepare for the trial of the accused. We will examine the evidence you gathered as forensic partners and, now acting as attorneys, decide how to present your case in the best possible manner to the jury. We will create opening statements and learn how to question witnesses that we have called. We will discover how to cross-examine witnesses who have been called by the other team of attorneys. We will also look at how to wrap up a trial by delivering an e ective and persuasive closing statement. At the end, we will hold a role-play mock trial. It will give you a chance to practice all of the things you have learned and enjoyed during this course. We will have a jury of volunteers and you will have an opportunity to present your case to them. At the end of the trial, they will deliver the verdict. So let’s get busy—we’ve got a case to prepare! In a role-play trial, there is no “script” that tells us exactly what to say. Rather, each of you will act out one of the roles and will decide what an attorney or perhaps expert witness might say.Copyright © Community Learning LLC. All rights reserved.
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Background CLoHwueorswostrornkoaos1mIt’s time to bring the Cookie Jar Case to trial. attorney in a moment lled with mystery andWe’ve gathered the evidence and a suspect drama, similar to when Paul Newman meetshas been arrested and charged. Now we need with a doctor he believes to be his star witnessto use the due process of law to ensure the in e Verdict. But there are many peoplesuspect gets a fair trial and justice is served. involved in the preparation for and conduct ofOver the next few lessons, you will have the a trial who are not shown in the movies. eychance to set up a courtroom, prepare the ful ll important roles in the trial. Who are allcases the prosecution and defense teams will the participants in a trial? What roles do allpresent, and nally bring your evidence and the people involved in a trial ful ll and whywitnesses to trial before a jury. We’ll nd out are they important? And what rules governif your evidence is sound, and if your suspect their conduct?is innocent or guilty. So where do we start? In this lesson, we are going to construct aIn our legal system, an individual is assumed courtroom and talk about the people whoinnocent until proven otherwise. e populate it. We will see where everyoneProsecution bears the burden of proof. e is located within the courtroom, and talkProsecution must set forth evidence which as about what roles they ful ll in courtrooma whole proves “beyond a reasonable doubt” proceedings and what kind of rules they havethat the Defendant is guilty. If, a er all the to follow. You will learn about prosecutionevidence is presented, the jury possesses a and defense teams and how to select a jury forreasonable doubt as to the Defendant’s guilt, your own case—the Cookie Jar Trial.they cannot convict. Everyone in the courtroom has to follow theWe have all seen courtroom drama in the rules of criminal procedure and evidence.movies and on television. Critical momentsare played out between a witness and an ese regulate the conduct of a trial and the conduct of those administering justice.My Notes: ey are designed primarily to ensure that the trial is fair to all of those involved. ere are several di erent kinds of trials. e Cookie Jar Trial will be a criminal trial. Civil cases usually involve questions of property, contracts, or personal damages.Copyright © Community Learning LLC. All rights reserved. Student Book 1
Lesson 1Activity 1: Courtroom Personnel 1 72 8 3 5 4 6 9For each location in the courtroom diagram above, record the key aspects of the role.1. Judge:2. Witness:3. Jury:4. Prosecutor:5. Defendant and Defense:6. Baili :7. Courtroom Clerk:8. Court Reporter:9. Public:2 Student Book Copyright © Community Learning LLC. All rights reserved.
Lesson 1Activity 2: Casting Sheet Prosecution TeamFor each role, describe what you think are the key characteristics and skills needed to play the role well.What do real-life participants need to know or be able to do to ful ll these roles? Who in your team will playeach role? Refer to the courtroom personnel chart on the previous page.Role Skills and Knowledge Actor Leader of theProsecution Team Prosecutor Student Book 3 Prosecutor Prosecutor Witness for the Prosecution Witness for the Prosecution Witness for the Prosecution Witness for the Prosecution Neutral Role: Courtroom ClerkCopyright © Community Learning LLC. All rights reserved.
Lesson 1 Activity 2: Casting Sheet Defense TeamFor each role, describe what you think are the key characteristics and skills needed to play the role well.What do real-life participants need to know or be able to do to ful ll these roles? Who in your team will playeach role? Refer to the courtroom personnel chart on the previous page.Role Skills and Knowledge Actor Leader of theDefense AttorneysDefense AttorneyDefense AttorneyDefense Attorney Defendant Copyright © Community Learning LLC. All rights reserved. Witness for the Defendant Witness for the Defendant Witness for the Defendant Neutral Role: Baili4 Student Book
Lesson 1NotesCopyright © Community Learning LLC. All rights reserved. Student Book 5
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Background StLOaepsteesnmoinnegn2tsIn the last lesson we learned how a courtroom the crime.) If you do not know your case, andis structured and who the court personnel the evidence contained within it, you cannotare. It is now time to get down to the nuts and hope to be con dent about presenting thebolts of trial preparation. Basically, during facts to the judge and jury.a trial the same story is told from di erentviewpoints by two di erent sets of people. e Today you will study each piece of evidencedefense team will tell one side of the story and in the case and pick out the relevant parts.the prosecution team will tell the other side. You’ll organize them so that you have a listBoth teams will use various items of evidence of points that are advantageous (good orand witness statements to make their side of bene cial) to your case, and a list of those thatthe story more convincing to the jury. are disadvantageous. e key in an opening statement is to emphasize the points that are e opening statement is an opportunity for in your favor and try to minimize the e ect ofboth sides to introduce their case to the court, points that will harm your case.and in uence how they would like the courtto view the facts. e opening statement is However, remember that the openingprimarily aimed at the jury as it is the jury statement should not be a comprehensivewho will make a decision based on the facts of statement of the case. at is more in linethe case. e judge is there to make decisions with the goals of the closing statement aton the law. the end of the trial. e opening statementOn the television and in lms, courtroom is an opportunity to prepare the way. If youscenes are o en very dramatic, and the are too long-winded, or get bogged down inattorneys are theatrical. Having good public the detail, you risk losing the attention andspeaking skills is important; however support of the jury. Try to pick out a theme orpreparation is the key to e ective advocacy, a headline that will remain in the minds of theor e ectively representing your client. If you jury, and that will recur throughout the trial.are a prosecution attorney, you are responsible For example, if you were defending a clientfor trying a criminal case on behalf of the accused of stabbing a victim, you might begingovernment and you are advocating for the by saying, “ ere was no knife,” and go on tovictim (the person the crime was committed explain how you propose to prove this in theagainst.) If you are the defense attorney, you trial. A short, memorable headline, followedare responsible for trying a criminal case on by an explanation of how the evidence willbehalf of the defendant (the person accused of unfold, can be an e ective way of capturing the jury’s attention and support.Copyright © Community Learning LLC. All rights reserved. Student Book 7
Lesson 2Activity 1: Categories of EvidenceExamine the evidence you have collected as part Give each piece of evidence a score based on itsof your investigation into the Cookie Jar Mystery. potential for each team, on a scale of 1 to 10. A scoreDivide the available evidence into that which you of 1 means the evidence will actually hurt that team’sthink will be favorable for the defense, and that case, while a score of 10 means it will be very helpfulwhich will be favorable for the prosecution. It’s to that team’s case. Also place an “x” in the Source ofpossible for the same piece of evidence to support Evidence box. It could be forensic evidence, evidenceboth sides, if it can be interpreted in di erent ways! that will come out of witness questioning, or both.In that case, it will be up to you to present that pieceof evidence so it supports your side!8 Student Book Copyright © Community Learning LLC. All rights reserved.
Lesson 2Activity 1: Evidence ChartItem of Evidence Score for the Score for the Source of Evidence Prosecution Defense Forensic Witness Total: Student Book 9Copyright © Community Learning LLC. All rights reserved.
Lesson 2Activity 2: Structure of an Opening StatementIntroduction:“Ladies and gentlemen, my name is (name of attorney). Together with my colleaguesover here at this table, I’m proud and privileged to represent (defendant or the state).I am going to try my best to communicate what happened in this case.”State your position:“Members of the jury, (the defendant) is (not guilty/guilty) of the crime of stealingMrs. Randall’s cookies and breaking the jar.Now for your opening statement: e purpose of an opening statement is not to tell the jury all about the evidence. ere is time for that later when you question witnesses and present evidence. eopening statement is more of a “preview” of what you are going to say later.Begin with a “hook’” or a powerful statement that summarizes your case. is shouldbe the main reason you believe this the defendant is guilty or innocent.Next explain how you will convince the jury that your position is the correct one.Don’t describe the evidence in detail; just make it clear that you have several keypieces that will support your position that the defendant is guilty or innocent.Don’t be afraid to discredit the other side if you think you have a good idea of whatthey are going to say in their case. If you can safely anticipate what evidence thatthey are likely to present, or the nature of their argument, you can use some of youropening statement to explain why you think they are mistaken.Closing:“So this is our promise to you of what we con dently believe and expect that theevidence will show.”And conclude, again, with your position:“And that is why we are certain you will nd, a er you have seen and heard all of theevidence, that (defendant) is (not guilty/guilty).”10 Student Book Copyright © Community Learning LLC. All rights reserved.
Lesson 2 Activity 2: Constructing Your StatementNow that you have si ed the evidence, you may have an idea how you will construct your case. It’s time tobegin dra ing your opening statement. Look at the evidence you have collected to support your case, andwhich evidence you think the other team will use to support theirs. Now, using the outline below, you canbegin to work on the script of your opening statement.Introduction:“Ladies and gentlemen, my name is (name of counsel). Together with mycolleagues over here at this table, I’m proud and privileged to represent(defendant’s name, or the state of ). I am going to try my best to communicate what happened in thiscase.”State your position: (the defendant) is (not guilty/guilty) of“Members of the jury,the crime of stealing cookies and breaking cookie jar.”Now for your opening statement:Your “hook” (like “ ere was no knife.”):How will you prove your position is the right one? Choose up to three main points based on your viewpointof the evidence:1.2.Copyright © Community Learning LLC. All rights reserved. Student Book 11
Lesson 2 Activity 2: Constructing Your Statement3.How do you know the other side is wrong? Select up to three points where you think you can discredit theother team, or where you think they might be mistaken about how they present evidence.1.2.3.Anything else?Record here anything you think might be important that you haven’t included above. You might come backto this later, a er you have developed your line of questioning for witnesses, and even your closing statement.Closing:“So this is our promise to you of what we con dently believe and expect that the evidence will show.”“And that is why we are certain you will nd, a er you have seen and heard all of the evidence, that (defendant) is (not guilty/guilty).”12 Student Book Copyright © Community Learning LLC. All rights reserved.
Lesson 2Other Directions, Discussions and DestinationsActivity 3: Cartoon Method for Preparing an ArgumentCopyright © Community Learning LLC. All rights reserved. Student Book 13
Lesson 2Other Directions, Discussions and DestinationsActivity 3: Cartoon Method for Preparing an Argument14 Student Book Copyright © Community Learning LLC. All rights reserved.
Lesson 2NotesCopyright © Community Learning LLC. All rights reserved. Student Book 15
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Background QWuLeeissttsnoieonsnsi3negsIt is the witnesses and not the attorneys who have the judge will allow you to make statements ofthe biggest in uence on the outcome of a trial. fact on certain uncontested matters; otherwiseWhether they are witnesses of fact (i.e. those who examination in chief can take forever. Foractually saw or heard what happened), character example, you can state the date and place of thewitnessess, or expert witnesses (such as forensic alleged incident, as long as the other side agrees.scientists), the jury will be greatly in uenced bywhat they say and the story they tell. In general, it is In cross-examination, you may ask eitherthe witnesses the jury likes to hear, rather than the open questions or leading questions. Usually aattorneys, and it is your job to make sure they tell witness for the other side will contradict yourtheir story in a way that bene ts your case. case. However, there are o en elements of his or her evidence that will be consistent withAs an attorney for either the prosecution or your case, such as the time and location of thedefense, you will have a list of witnesses who will alleged (described) incident. Try to cover thoseappear as part of your case. ese, in general, are areas rst so that you can establish a rapportthe witnesses who will be bene cial to you. When with the witness and make him or her feelthey appear, you will question them rst, before more comfortable. When it comes to cross-the other side gets their opportunity. is is known examination, do so calmly and with assurance.as examination in chief. During examination in Cross-examine, do not examine crossly!chief, you may only ask open questions. eseare questions that do not suggest the answer, or to Also, if a witness disagrees with your position, doput in another way, they are not leading or closed not re-ask the same question in the hope that thequestions. witness will change his or her mind. ey seldom do, and repetition just gives them the opportunityAn example of an open question is, “What happened to restate and emphasize to the jury an opinionnext?” that may be detrimental to your case. Move on to your next question. You can cover any points inAn open question usually requires a detailed your closing speech when the witness will not beresponse. If you can answer “yes” or “no” to a able to respond.question in exa-mination, it is almost certainly not anopen question. Witnesses may talk about what happened during the alleged incident, and what they saw, butAn example of a closed question is, “Did you open physical evidence also has to be introduced by athe door?” witness. For example, if genetic material, bers, or other substances are found at a crime scene,A leading or closed question can almost always be the person who found them must introduce themanswered using “yes” or “no,” although the witness into evidence. In practice, this is o en done bymay want to give a more detailed response. In reading a witness statement of the person whoexamination in chief, you are helping the witness found the material, as usually the evidence willto tell his or her story. However, make sure you not be disputed by the other side. What is likelykeep the witness focused on the relevant parts of to be disputed is the conclusion that either sidethe story, otherwise he or she may ramble and draws from the evidence, and that is o en whereyou then risk losing the attention of the jury. Also, expert witnesses come in.Copyright © Community Learning LLC. All rights reserved. Student Book 17
QWuLeeissttsnoieonsnsi3negs continuedTo continue with our example, any genetic Remember: you cannot script your witnessmaterial found would be given to a forensic examination, and these examinations seldom goscientist to analyze. A er the analysis, conclusions entirely as you might think they will. It is crucialcan be drawn as to the origin of the material. that you are highly familiar with the evidence soAttorneys from either side may wish to call their that you can adapt and overcome any unforeseenown experts in order to argue for a conclusion direction the witness might take with his orthat is favorable to their case. When evidence is her testimony. Never ask a question you don’tpassed from one source to another, it must be already know the answer to!recorded, so that the court can be sure that itis not tampered with or contaminated. is is Criminal procedure and the rules of evidencesomething you learned about in the Cookie Jar are two highly detailed subjects. If an attorneyMystery, and it’s very important in a trial. for either side steps outside of the rules, theIn this lesson, we are going to prepare for other side may object to the judge. You can doexamination in chief and cross-examination of this by calmly stating that you object and givingthe witnesses in the Cookie Jar Case. Look at the your reason for doing so. If the judge agrees, hesuspect statements to determine which individuals or she will instruct the attorney to carry out thecould serve as witnesses. Separate them into procedure correctly, or the judge may dismiss thewitnesses for the prosecution and witnesses for objection. Although there are many reasons whythe defense. Look at your own witnesses and list an objection might be stated, for the purposes ofthe important points that you have to establish as our exercise, you may object to a question fromyou question each of them. Decide if you would the opposition if it is not directly relevant tolike your witnesses to be expert witnesses or the charges faced by the defendant.witnesses of fact. Use your evidence materials todetermine what your witness may say. Once you An example of a relevant question is, “Did youhave done this you will have a better idea of how steal a cookie?”to frame your questions in order to bring out thepoints that are important to your case. Clearly this goes to the heart of the issue in the trial.Similarly, list the important points each witness An example of an irrelevant question is, “What didfor the opposition makes. Note points that you you have for lunch on the day in question?”can agree with, and then highlight those areasthat are detrimental to your case. Prepare your It sounds obvious, but in examination in chiefexamination in chief so that you can prepare the and cross-examination, counsel must ask awitness to talk about agreed testimony before you question. Examination in chief and cross-start to put him or her “on the spot” with more examination must not be abused by the attorneyscontroversial aspects of the case. in order to introduce other evidence or to make speeches or points that are not questions to the witness.18 Student Book Copyright © Community Learning LLC. All rights reserved.
Lesson 3Copyright © Community Learning LLC. All rights reserved. Student Book 19
Lesson 3 Activity 1: Open and Closed QuestionsListen to the testimony the volunteer(s) provide in a case in which the defendant is accused of defacingpublic property with gra ti (an outside school wall). As you listen, write down the key points in the answers,using the open questions below as a guide.Witness 1: Journey to School Witness 2:Who did you meet? Who did you meet?What route did you take? What route did you take?What did you see? What did you see?Additional questions Additional questions20 Student Book Copyright © Community Learning LLC. All rights reserved.
Lesson 3 Activity 1: Open and Closed QuestionsAs the witnesses answer the open questions, write down any points that strike you as unusual orincorrect, especially if you have two witnesses whose accounts disagree.Turn these points into closed questions you can use for cross-examination. Write them down here.Copyright © Community Learning LLC. All rights reserved. Student Book 21
Lesson 3 Activity 2: Preparing Your QuestionsUse these pages to help you and your team prepare questions for your team’s witnesses.1. Fill in each witness’s character or trial name, for example, Mrs. Randall.2. Circle the type of witness: t \"witness o ers special information about the case. t \"character witness o ers information about the character of the defendant. t 0SBOexpert witness provides an expert analysis of evidence because of his or her education, training and skill in a particular area.3. Record the evidence that each witness will enter during the trial4. What is the witness’s means/opportunity? Was the witness near the crime scene?5. What is the witness’s motive? Is there evidence that the witness was hungry?6. A er completing the chart for each witness, determine the best order for these witnesses to be questioned. Record this number in the “order” box on each chart.22 Student Book Copyright © Community Learning LLC. All rights reserved.
Copyright © Community Learning LLC. All rights reserved. Lesson 3 Order Activity 2: Preparing Your Questions Witness character: (Circle One) Character witness Expert witness Played by: Witness Evidence: Means/Opportunity: Motive: Notes: Key points of testimony: Questions we will ask: Questions the other team are likely to ask:Student Book 23 Notes: Notes: Notes:
24 Student Book Lesson 3 Order Activity 2: Preparing Your Questions Witness character: (Circle One) Character witness Expert witness Played by: Witness Evidence: Means/Opportunity: Motive: Notes: Key points of testimony: Questions we will ask: Questions the other team are likely to ask:Copyright © Community Learning LLC. All rights reserved. Notes: Notes: Notes:
Copyright © Community Learning LLC. All rights reserved. Lesson 3 Order Activity 2: Preparing Your Questions Witness character: (Circle One) Witness Character witness Expert witness Played by: Evidence: Means/Opportunity: Motive: Notes: Key points of testimony: Questions we will ask: Questions the other team are likely to ask:Student Book 25 Notes: Notes: Notes:
26 Student Book Lesson 3 Order Activity 2: Preparing Your Questions Witness character: (Circle One) Witness Character witness Expert witness Played by: Evidence: Means/Opportunity: Motive: Notes: Key points of testimony: Questions we will ask: Questions the other team are likely to ask:Copyright © Community Learning LLC. All rights reserved. Notes: Notes: Notes:
Lesson 3 NotesCopyright © Community Learning LLC. All rights reserved. Student Book 27
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Background Lesson 4 RCelmosainrgksToday we will talk about closing summaries. An e ective closing argument should addressBy this point in a trial, all the witnesses have the evidence that the jury has heard andbeen heard by the jury and all the evidence seen but it should not be an exhaustivehas been seen. e attorneys from each side summary of what has gone before. A closingnow have the opportunity to address the jury, speech should be long enough to addressuninterrupted, in order to persuade them to the evidence, but not so long as to lose the attention and support of the jury. While you nd in favor of their case. should concentrate on the items of evidenceIn their closing statements, counsel will that are strongly in your favor in the closingtry to persuade the jury that the evidence statement, you also need to address somepoints toward a certain conclusion. ey of the stronger points that the other sidewill concentrate on the evidence. e has in its favor in order to counter thosejudge will direct the jury on points of law. arguments.Any comments made by the attorneys onthe law are usually to give the jury a basic e closing argument is similar to theunderstanding of the o ence they are trying, opening argument in that it can be helpfuland perhaps to remind them that the burden if you can choose a theme and stick to it.of proof lies with the prosecution. at is tosay it is the prosecution who must prove their is can make your presentation make morecase; the defendant does not need to prove, sense, and can help to focus your e orts innor even say, anything, if he or she chooses preparing a closing speech that is succinctnot to. and persuasive. In your opening speech you introduced the case to the jury and laidMy Notes: down how you would approach the issues. When you make your closing argument, the members of the jury may already have made some conclusions about what they have seen and heard, but it is for you to persuade them that all of the evidence, when taken together, points to a certain conclusion. Remember, nothing should be said in the closing that is not supported by evidence presented during the trial. Try to make what you say brief and easy to understand and follow, but most of all, try to make what you say persuasive!Copyright © Community Learning LLC. All rights reserved. Student Book 29
Lesson 4Activity 1: Preparing Closing ArgumentsAn e ective closing speech should address the evidence that the jury has heard and seen but it shouldnot be an exhaustive summary of what has gone before. While you should concentrate on the items ofevidence that are strongly in your favor, you also need to address some of the stronger points thatthe other side have in their favor in order to counter their arguments. e closing speech is similar to the opening speech in that it can be helpful if you can choose only keypoints. Try to make what you say brief and easy to understand and follow, but most of all, make whatyou say persuasive!Try to summarize the evidence (including witness testimony) by listing the ten strongest points ofevidence in your favor, and the ten strongest points in favor of the other side. Review the EvidenceChart you created in lesson 2, activity 1 to help you get started.30 Student Book Copyright © Community Learning LLC. All rights reserved.
Lesson 4Activity 1: Preparing Closing ArgumentsPoints in your favor Points in favor of the other sideCopyright © Community Learning LLC. All rights reserved. Student Book 31
Lesson 4 Activity 1: Preparing Closing ArgumentsNow, you can begin to dra your closing argument. Try to structure your closing argument around fourmain sections to help you keep it concise.1. What is the main theme of your closing argument?2. Which points of evidence will you most want to remind the jury about?32 Student Book Copyright © Community Learning LLC. All rights reserved.
Lesson 4 Activity 1: Preparing Closing Arguments3. What points do you expect the other side to raise that you will want to challenge in your case?4. What is your powerful closing line? Remember how you had a hook in your opening statement? Try to come up with a line that has that same impact. Notes Student Book 33Copyright © Community Learning LLC. All rights reserved.
Lesson 4 Activity 2: Trial Preparation e trial phase of our course will take place in the nal lesson. A er all your preparation, you will have theopportunity to present your work in a trial situation. e sequence of events for our mock trial will be:1. e public will be greeted and shown to their places.2. e jury and attorneys will take their place.3. e baili (or clerk) will call the judge to the room with “All Rise.” Everyone in the courtroom will stand up and the judge will enter. e baili (or clerk) will instruct everyone to sit.4. e clerk will read the charge and the defendant will plead “not guilty.”5. e attorneys will make their opening statements.6. e witnesses for the prosecution will be called and will give their evidence. e prosecution will conduct examination in chief, and then the defense will cross-examine.7. e witnesses for the defense will be called and will give their evidence. e defense will conduct examination in chief, and then the prosecution will cross-examine.8. Once all the evidence has been heard, the attorneys will be given a short period of time to make any last-minute alterations to their closing speeches.9. e attorneys will deliver their closing speeches to the jury.10. e judge will then impartially, and very brie y, summarize the evidence the jury has heard in the trial. He or she will then tell the jury what they will need to nd in order to nd the defendant guilty of the o ense. He or she must also tell the jury that the standard of proof that they must apply is “beyond a reasonable doubt.”11. e jury will then retire to consider all the evidence.12. Once the jury has reached their verdict, they will return to the classroom to announce it. e judge will ask the foreman to give their verdict. e judge will thank the jury and inform the defendant of the outcome. e judge will then close the trial.34 Student Book Copyright © Community Learning LLC. All rights reserved.
Lesson 4 NotesCopyright © Community Learning LLC. All rights reserved. Student Book 35
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Background TLheTessroiMnaol5ckDirections to the jury: verdict to the court. In a real trial, there must e primary role of the jury is to determine be a unanimous decision made by the jury. In other words, all jury members must decidethe facts in a case. Listen carefully to the same, innocent or guilty. If this doesn’tthe opening and closing speeches of the happen, it is called a hung jury. e result ofprosecution and defense attorneys. Listen this is a mistrial. Due to time constraints wecarefully to the testimonies in the trial. suggest deliberating (carefully considering)Your job is to accept or reject the various for approximately 10 minutes. A two-thirdstestimonies. You may take notes during majority vote (8 votes) can determine thethe trial to help you make the best decision verdict in this mock trial, if it seems impossiblepossible. A er the trial, you will carefully to reach a unanimous decision. A jury mustconsider and discuss the facts presented to determine the innocence or guilt of theyou. One of you will be selected to serve as accused in regards to the charges broughtforeman of the jury. e foreman will lead against him/her.the discussion, take votes, and report theMy Notes:Copyright © Community Learning LLC. All rights reserved. Student Book 37
Lesson 5 Activity 3: Trial AnalysisNow that the trial is over, think about how it went.Were you surprised by what the opposition presented? Do you think you surprisedthem?Did you feel you presented a strong case? Would you do something di erentlyanother time?Do you agree that the jury made the right decision given the evidence presented?Why or why not?What did you learn most through this part of the course?If you could try this case again what role would you like to play?38 Student Book Copyright © Community Learning LLC. All rights reserved.
Lesson 5 NotesCopyright © Community Learning LLC. All rights reserved. Student Book 39
Lesson 5 Notes40 Student Book Copyright © Community Learning LLC. All rights reserved.
GlossaryAcquitted: to declare the defendant not guilty a er a Cross-examine: questioning of a witness by anlegal trial. attorney of the opposite side during a legal trial a erAdmissible: allowed—by the rules of law—to be direct examination.used in a case. is term applies to evidence. is is Defendant: in a criminal case, this is the personan example of something the judge would rule on, charged with a crime or crimes.because it relates to the law, not the facts of the case. Defense attorney: the attorney representing theBaili : an individual whose role is to maintain the defendant.courtroom proceedings, handle evidence where Deliberation: a jury’s careful consideration andrequired, and ensure the civility and safety of the discussion of evidence during a criminal trial incourtroom. ey are o en sheri ’s deputies or order to determine the innocence or guilt of themarshals. defendant.Burden of proof: the legal obligation to prove the Espionage: the act or practice of spying.allegation being made. In a criminal case the burden Examination in chief: interview in court of aof proof lies with the prosecution. witness by the attorney who called him or her as aChain of custody: the documenting of the witness.whereabouts and treatment of physical evidence.Character witness: a witness who o ers information Expert witness: a witness who is an establishedabout the character of the defendant. expert in a given eld. ey are o en required toCharge to the jury: instruction and advice given testify in areas where the evidence requires expertby the judge to the jury about the law applicable knowledge. For example, a medical expert might beto the case. required to analyze a wound or experts in forensicClosed question: question that requires a “yes” or science might be required to identify genetic“no” response. material. Where there might be a di erence ofConvicted: to prove guilt of a defendant for an opinion or interpretation of the evidence, both sideso ense a er a legal trial. (the prosecution and defense) may want their ownCounsel: legal advice. is term is also used to refer expert.to attorneys in a case. Foreman: the member of the jury selected to preside over and speak for all the jurors on the panel. Hung jury: a jury that cannot agree on a verdict.Court reporter: a person who makes a word-for- Judge: a government o cial with the authority toword record of what happens in the court. e oversee and direct the court proceedings.record is called a transcript. Juror: a person selected to be part of a jury.Courtroom clerk: an individual who swears inwitnesses and is responsible for maintaining the Student Book 41records and paperwork of the court.Copyright © Community Learning LLC. All rights reserved.
Glossary The Cookie Jar Case:Jury: people (jurors) selected to determine matters Prosecutor: the attorney who tries a criminal caseof fact and come to a verdict in a trial. Federal on behalf of the government.criminal juries have twelve jurors and civil juries Public: members of a courtroom who participate ashave six jurors. an audience.Leading question: question that suggests the answer. Public defender: also called a public defenseObjection: where an attorney appeals to the judge attorney. ese attorneys represent defendants whoin order to correct some conduct, usually by the cannot a ord an attorney in a criminal case.attorney for the other side, that he or she thinks Standard of proof: the amount of evidence whichbreaches the rules of criminal procedure and/or the must be presented at trial. In a criminal case therules of evidence. standard of proof is, “beyond a reasonable doubt.”Open question: question that does not suggest an Subpoena: court order document requiring a personanswer and requires a detailed response. to “appear” in court; penalty for not attending.Opening statement: the rst occasion that the jury Testimony: evidence given by a witness. is can beor judge has to hear from an attorney about the case in either written or oral form.being tried.Plea: a defendant’s answer to a legal charge (“guilty” Verdict: in a criminal trial, the decision the jury willor “not guilty”). reach as to the guilt or innocence of the defendant.Procedure: the rules for conduct of a lawsuit or trial. Victim: person in a criminal case, the person the ere are di erent procedures for civil and criminal crime was committed against. Witness: a person who supplies testimony in a case.proceedings.42 Student Book Copyright © Community Learning LLC. All rights reserved.
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