Mock Trial

What? Who? How? Questions?

Phil Sneeky took Mr. Abdel’s laptop computer from the staff room. The secretary, Ms. Bythebook, saw him do it. She called the police right away to report a theft. Mr. Abdel realized that his computer had disappeared. The police arrived at the school. Today is Phil Sneeky’s trial. He is accused of theft.

Criminal Civil

What is it? Where are the rules? Who are the key players? Citizens! Mainly in the Civil Code of Quebec. The area of the law that creates rules for people, relationships between people, and property.

What is it? Where are the rules? Who are the key players ? Rules that protect the public and ensure respect for shared societal values. Mainly in the Criminal Code. The State and the person accused of a crime.

Criminal Trial

What are their roles? Who are they?

Represents the State (society) Tries to find out the truth, not to win at any price Must prove that the accused committed the alleged crime and is therefore guilty

Ensures that rules of procedure are followed and the trial is conducted properly In a trial with a jury: looks after all questions of law and gives jurors instructions

Maintains order during the trial Asks people in the courtroom to rise when judge enters

Represents the accused and gives the accused legal advice Points out weaknesses in evidence presented by the Crown prosecutor Ensures the accused presents his or her version of the facts to get the best possible decision

Ensures that everyone called to court is in attendance Asks the witnesses to promise to tell the truth

Person who saw or heard something relevant to the case Helps shed light on what happened If called, must go to court to say what he or she knows, promising to tell the truth

Suspected of committing a crime Presumed innocent until proven guilty Judge or a jury decides whether the accused is guilty If found guilty, the judge decides the sentence

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Normally made up of 12 citizens (jurors) Decides whether the accused is guilty of the crime

Students (Jury) Court Usher Accused Defense Lawyer Court Clerk Crown Prosecutor Witness Judge

Now that all the “players” have been presented and you know their roles, it’s time to begin the mock trial. The court usher can now open the court session action!

Trial Opens Reading of the Charges Summary of the Case Evidence of the Crown : Examination and Cross-Examination Evidence of the Defence

Arguments (Pleading) Deliberation Verdict End Court Usher: “ Please rise, the court session is now closed”.

This is a short introduction presented by the lawyers on both sides to explain how they will present their cases (what evidence, in what order, etc.) This step is not part of all trials: it is mostly used in trials with juries or when the case is complex. 3

The accused is guilty because… My client is innocent because… 6

For the crime of theft: For the accused, Phil Sneeky, to be found guilty of theft, the Crown prosecutor must prove the following: He took Mr. Abdel’s computer without permission. He intended to take the computer and deprive its owner of it. Continuation on next page… 7

Your decision must be unanimous. You must base your decision on the evidence presented and only on that evidence. You must be convinced beyond a reasonable doubt that the accused is guilty.

Resources Conclusion Questions?

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