Transcript English I Mock Trial

Trial Information
ENGLISH I MOCK TRIAL
The format of a jury trial
 In a jury trial, a defendant appears before the
court to determine his/her innocence or guilt.
 A jury trial consists of a jury (6—12 people), a
judge, a defendant, a defense attorney, a
prosecuting attorney, and witnesses for both
sides.
 It is the role of the prosecution to prove the guilt
of the defendant.
 It is the role of the defense to establish
reasonable doubt as to the guilt of the
defendant.
The Judge
 The judge will oversee all court proceedings.
 The judge does not determine guilt or
innocence.
 The judge will give orders and directions to
the jury.
The Jury
 The role of the jury is to listen carefully to
both sides of the case, then discuss the case
with each other only and come to a
conclusion.
 A jury that does not reach a unanimous
conclusion within a set amount of time (as
deemed appropriate by the judge) is referred
to as a hung jury.
 In case of a hung jury, the trial is declared a
mistrial.
The Prosecutor
 It is the role of the prosecutor to prove the
guilt of the defendant.
 The prosecutor represents the state in which
the crime took place.
 The prosecutor may call witnesses, as well as
question any witnesses called by the defense.
 The prosecutor must give both an opening
and closing statement (argument). These are
delivered directly to the jury.
The Defense
 The role of the defense is to create
reasonable doubt as to the guilt of the
defendant in the minds of the jurists.
 The defense attorney will call witnesses to
disprove the case presented by the
prosecution, as well as question the
prosecution’s witnesses.
 A defense attorney does not bear the burden
of proof.
Terminology
 Hung Jury—a jury which cannot reach a
verdict after extensive time spent
deliberating
 Mistrial—a trial that is deemed invalid due to
an error or a hung jury. If a mistrial is
declared, the defendant may not be retried
for the same crime. (5th Amendment)
Terminology
 Opening Statement—a speech given by the
prosecutor and defense giving an overview of
the case. The prosecution always gives the
first opening statement.
 Closing Argument—speech given by the
prosecutor and defense providing a review
and analysis of the evidence presented during
the trial.
Terminology
 Direct Examination—the questioning of
witnesses by the side which called the
witness
 Cross-Examination—the questioning of
witnesses called by the opposing counsel
Rules of Evidence
 Leading Questions—a leading question is a
question that leads the witness to the desired
answer, for example, “You saw the defendant
at the movie that night, didn’t you?” This
question is leading the witness to say exactly
what the attorney wants him/her to say.
 In the case of a leading question, the
opposing counsel should object. For example,
“Objection, the counsel is leading the
witness.”
Rules of Evidence
 Relevance—all questions asked by counsel
and answers given by witnesses must be
relevant to the case. In the case of an
irrelevant question, or answer, opposing
counsel should object.
Rules of Evidence
 Hearsay—an out-of-court statement, either
written or verbal
 Example: “Bob told me he was going to steal
Joe’s car.”
 That is hearsay because Bob is not there to speak
for himself.
 Hearsay is cause for objection.
 Exceptions to the rule: a statement made
directly to the witness by someone in the
courtroom, a statement made directly to the
witness by someone who is now dead, or when
the hearsay describes someone’s state of mind
Rules of Evidence
 Firsthand Knowledge—the witness may only
testify to that which he/she has firsthand
knowledge. In other words, the witness has to
have heard or seen exactly what he/she is
testifying to.
Rules of Evidence
 Opinions—witnesses may only give opinions
if he/she is a qualified (expert) in the area of
concern. For example, a doctor is qualified to
give opinions on medical issues whereas a
bus driver is not.
 Any opinions given by unqualified witnesses
are cause for objection by opposing counsel.