Mrs. Bullock Business Law MOCK TRIAL A Fictitious Simulation

Mrs. Bullock Business Law The defendant is accused of two crimes: Contributing to the delinquency of a minor – Gross misdemeanor –Punishable by a sentence of ninety-one days to one year in prison or a fine of $500 or both Second degree manslaughter – Culpable negligence - Requires that a person be grossly negligent while consciously creating an unreasonable risk with chance of causing death or great bodily harm to another –Punishable by imprisonment for not more than seven years or by payment of a fine of not more than $7,000 or both

Mrs. Bullock Business Law THINGS TO KNOW BEFORE TRIAL BAILIFF/CLERK 1.Opening of the Court Session 2.Swearing in of Jurors 3.Swearing in of each witness “Hear, ye, Hear ye, the court is now open and in session. The honorable Judge _____________ is presiding. “Do you swear to serve as a juror in this trial to the best of your ability, honestly, conscientiously, so help you God?” (Jurors answer, I do.) “Be Seated.” “Do you swear to tell the truth, the whole truth, and nothing but the truth in this case, under penalty of perjury, so help you God?” (Witness responds, I do!) “State your name and occupation and be seated on the witness chair.”

Mrs. Bullock Business Law Lawyers 1.Opening Statements to the Jury by the Prosecution 2.Opening Statements to the Jury by the Defense

Mrs. Bullock Business Law Things to Know for the Trial Calling witnesses 1.Witnesses: provide facts about the case a)May be called only once b)Can call as many witnesses as you would like c)Ask general questions (to build case) a)Specifics later Remember witnesses are sworn in, so they must tell the truth! If they get caught in a lie, they could face charges!

Mrs. Bullock Business Law Lawyers/Witnesses 1.The Direct Examination (get facts) of Witnesses by the Prosecution 2.Cross Examination (question facts) of these Witnesses by the Defense 3.Direct Examination (get facts) of Witnesses by the Defense 4.Cross Examination (question facts) of Witnesses by the Prosecution

Mrs. Bullock Business Law Things to Know for the Trial Prosecution and Defense 1.Objections by opposing counsel a)Relevancy b)Leading the witness on c)Badgering the witness d)Calling for a conclusion e)It’s hearsay (lawyer) Objection, your Honor! (Judge) On what grounds? Judge must decide: Over-ruled (will allow—denying objection) OR Sustained (will not allow—agreeing with the objection)

Mrs. Bullock Business Law Lawyers 1.Closing Argument to the Jury by the Prosecution 2.Closing Argument to the Jury by the Defense Summarize the highlights of the testimony and documents that support your case and undermine your opponent’s case. Use actual examples from the trial that you have written down. Tie the facts to the law. Be persuasive Confidently request the judge or jury to grant you the decision that you want.

Mrs. Bullock Business Law 1.The Charge to the Jury by the Judge

Mrs. Bullock Business Law JUDGE Jury members, you have now heard the evidence. Now it is your job to decide whether Bud Weiser contributed to the delinquency of a minor and second degree manslaughter. Will you please go with the bailiff to the jury room? When you have decided, the bailiff will bring you back to tell us what you decided.

Mrs. Bullock Business Law 1.The Discussion— Deliberation of the Jury 2.The Decision by the Jury

Mrs. Bullock Business Law Judge and Jury Forman Have you reached a verdict? Yes, we have Your Honor. What is the verdict? Thank you Jury Members

Mrs. Bullock Business Law 1.The Pre-Sentence Speech by the Defendant 2.The Sentencing by the Court if defendant is found guilty. 3.Court is adjourned

Mrs. Bullock Business Law OVERVIEW: A STEP BY STEP PLAN OF THE TRIAL Opening of the Court by the Clerk Instructions by the Judge to the Jury (The empanelling of the Jury is omitted) Opening Statements to the Jury by the Prosecution Opening Statements to the Jury by the Defense The Direct Examination of Witnesses by the Prosecution Cross Examination of these Witnesses by the Defense Direct Examination of Witnesses by the Defense Cross Examination of Witnesses by the Prosecution Closing Argument to the Jury by the Prosecution Closing Argument to the Jury by the Defense The Charge to the Jury by the Judge The Discussion—Deliberation of the Jury The Decision by the Jury The Pre-Sentence Speech by the Defendant The Sentencing by the Court if defendant is found guilty.