1/26/08 BR- Who is the defendant in this case? Today: Beginning the Mock Trial Case..

If you were asked to prove something how would you do it? As a small group come up with something that you want to prove. (make it up!) be sure to include the necessary elements. You will be asked to present your case. What is your burden of proof ? Would a changing burden of proof affect how you would present your case?

What are the elements that must be proved? Plaintiff-Defense- Look at the trial information, “The Litigation Process” in the back of the packet. This takes you through every step of the trial. -Do you understand the difference between direct examination and cross examination?

Do you have?  A Folder?  Case Packet  Assignment from Thursday?

There are 21 total parts in the Mock Trial Competition - 5 Attorneys for the Plaintiff and 5 Attorneys for the Defense. - Witnesses for the plaintiff: - Witnesses for the defense: - Deputy Sheriff (bailiff)

Each Person Should have a dedicated trial binder with the following: (Some of these you’ll be getting soon) 1.Your case packet. 2.The trial calendar 3.“Mock Trial Procedural Overview” 4.Evidence “Cheat Sheet” 5.A copy of the mock trial rules 6.A copy of the penalty points 7.A copy of the Circuit court guidelines 8.“Persuasion at Trial” 9.Any written work that you do and we hand back.

Honors Credit Option I am always open to ideas for how to qualify for honors credit for this class. If you have an idea see me now. You must tell me by February 6 if you are going for honors credit. Option - 1: Keep a daily trial journal. In this journal you discuss what happened each day, what you are working on, what’s going on (like a diary.) After the trial is over, write a 5 page (typed, double-spaced, 12pt. Font) paper that discusses what you learned during the experience.

Elements of a Crime  The elements are the conditions that must be present in order for that crime to have been committed  For example; the elements of a cheeseburger are at least 1 cooked ground beef meat patty, covered with some sort of cheese, and placed between 2 slices of bread or bun.  Minus any of these elements means you do not have that thing - i.e. No cheese=no cheeseburger.

Elements are broken down into..  There are two things that have to be proven in a court of law before it will convict someone of a crime:the actus reus and the mens rea of an offense as set out in the Criminal code. 1.Actus reus (prohibited acts) - the guilty act or guilty omission. An act is doing something that you shouldn't and an omission is not doing something that you should have. 2.Mens rea (criminal intent) - the guilty thought or mind. This is either having the intention to do something like murder or theft, or you can have the mind to be reckless.

3. Causation There is a link between what a person did and what happened. 4. Concurrence Actus reus, mens rea, and causation occurred at the same time.

Specific forms of mens rea: General Intent The accused need not have planned to commit the offence or cause the act. The accused need only commit the wrongful act. Specific Intent A criminal offence that was committed with awareness of the act by the accused. Recklessness The accused paid no heed or regard to the injurious outcome their actions may have on others. Willful Blindness The accused purposely fails to consider the potential of their actions being criminal out of a desire to not know the truth.

Elements of Crime  Look at the chart: notice the different elements for crimes.  Are there crimes that have similar elements?  What are material circumstances?

EXIT SLIP 1.In your own words describe what is meant by the “elements” of a crime. 2. Describe the difference between mens rea and actus reus Homework: Look at the elements of the crime that the defendant is charged with. Go back and read the case again so see what evidence goes with which element.