Warm Up Who is the most important person in a courtroom? Why?

Courtroom People Lawyers Bailiff Judge Police Officers Jurors Clerk Witnesses Court Reporter Defendant Public Plaintiff Sketch Artists

Innocent Until Proven Guilty What does that mean? Who has to prove the guilt? Beyond Reasonable Doubt If the jurors have no doubt as to the defendant's guilt, or if their only doubts are unreasonable doubts, then the prosecutor has proven the defendant's guilt beyond a reasonable doubt and the defendant should be pronounced guilty. -prosecution must prove, beyond a reasonable doubt, each essential element of the crime charged. -prosecution

What does the judge say after an objection? Objections Leading – Hearsay – Irrelevant – Opinion – Nonresponsive answer – What does the judge say after an objection? Leading questions: Crown prosecutors must allow their witnesses to tell their own story; they must not lead their witnesses through the story. Defense lawyers must follow the same rule when questioning their witnesses. Hearsay: the questions must limit witnesses to tell facts they know from personal knowledge. Other information they have is hearsay evidence. Irrelevant: the information is not closely related to the case, and is therefore not important. Opinions and conclusions: unless the witness is qualified as an expert, s/he should not give opinions or conclusions Non-responsive answer: the witness’ answer is not addressing the question.

Examples Did you see the green truck hit the red car? Did he hit him then? Would you say that the car was traveling at 100 km/hour? Joan told me Mrs. Smith has five cats. An average citizen can give an opinion about the speed of a car. Only an expert, could give an opinion about the condition of the brake linings in a car. -Tell us what you saw. -What happened next? -How fast was the car traveling? -I saw five cats in Mrs. Smith’s kitchen.

How to Raise an Objection Stand State the reason for the objection Take your seat while the other side responds Address the Court, not opposing counsel Stand if the Court addresses you

Trial Process Prosecution makes opening statement Prosecution examines witness (direct examination) Defense examines witness (cross-examination) Steps 2-3 are repeated for each Prosecution witness Defense makes opening statement Steps 2-3 are repeated for each Defense witness starting with Defense direct examination Defense presents closing arguments Prosecution presents closing arguments Jury leaves and deliberates Jury returns and tells the accused that he or she is ‘guilty’ or ‘not guilty’ Court is adjourned

Monday Assignments Lawyers and witnesses – Plan for the trial Main points of the case, Questions, weaknesses of witnesses Jurors and judge – Fill out Juror Biography Make it up or fill it out with what you’ll be like in 10 years When you’re done, do other homework