Courtroom in the Courtroom in the ClassroomClassroom

Discussion of TrialsDiscussion of Trials

What law programs What law programs have you seen in have you seen in the movies or on the movies or on TV?TV?

Who are the Who are the participants in a participants in a courtroom?courtroom?– Lawyers, judge, Lawyers, judge,

jurors, witnesses, jurors, witnesses, defendant, plaintiff defendant, plaintiff or prosecutor, bailiff, or prosecutor, bailiff, police officers, clerk, police officers, clerk, court reporter, publiccourt reporter, public

Roles in the CourtroomRoles in the Courtroom

What does each What does each person do in the person do in the courtroom?courtroom?

Why is each Why is each person important person important in the in the courtroom?courtroom?

Steps in a TrialSteps in a Trial1.1. Opening of the CourtOpening of the Court2.2. Swearing in the JurySwearing in the Jury3.3. Opening Statement by the PlaintiffOpening Statement by the Plaintiff’’s s

Attorney or the ProsecutorAttorney or the Prosecutor4.4. Opening Statement by the Opening Statement by the

DefendantDefendant’’s Attorneys Attorney5.5. ProsecutionProsecution’’s Direct Examination of s Direct Examination of

their witnessestheir witnesses6.6. DefenseDefense’’s Cross-examination of the s Cross-examination of the

ProsecutionProsecution’’s witnessess witnesses7.7. DefenseDefense’’s Direct Examination of their s Direct Examination of their

witnesseswitnesses8.8. ProsecutionProsecution’’s cross-examination of s cross-examination of

the defensethe defense’’s witnessess witnesses9.9. Prosecution Closing ArgumentsProsecution Closing Arguments10.10. DefenseDefense’’s Closing Argumentss Closing Arguments11.11. RebuttalRebuttal12.12. Judges instructions to the juryJudges instructions to the jury13.13. Jury Deliberations Jury Deliberations 14.14. VerdictVerdict

We will have a quiz over these next We will have a quiz over these next weekweek

1. Opening of the 1. Opening of the CourtCourt

The Bailiff may open the court by announcing that the court is ready to begin. He or she introduces the judge. He or she then announces the case.

2. Swearing in the Jury2. Swearing in the Jury

The Bailiff or the judge asks the jurors to take their seats and asks them to swear or affirm that they will act fairly in listening to the case.

3. Opening Statement 3. Opening Statement by Prosecuting by Prosecuting AttorneyAttorneyThis lawyer begins by telling the jury the important information about the case. This includes the parties in the case and the facts that led to the trial. The prosecuting attorney presents an overview of the prosecutor’s or government’s version to the jury.

4. Opening Statements 4. Opening Statements by the Defendant’s by the Defendant’s AttorneyAttorneyThis lawyer begins by stating his r her name and the defendant’s name. The jury is told that he or she will prove that the prosecutor does not have a valid case.

Prosecution’s Direct Prosecution’s Direct Examination of their Examination of their WitnessWitnessThe prosecuting attorney calls the witnesses for the government one at a time to the front of the witness stand. The Bailiff asks each witness to swear or affirm to tell the truth. The attorney then asks questions of the witness. The questions are based on facts the witness has to offer.

Defense’s Cross-Defense’s Cross-examination of their examination of their WitnessesWitnesses

During cross-examination, an attorney tries to get the other side’s witness to admit something that will help his or her client. The attorney may also try to show that a witness is not reliable.

Defense’s Direct Defense’s Direct Examination of their Examination of their WitnessesWitnessesThe defendant’s attorney calls the witnesses for the government one at a time to the front of the witness stand. The Bailiff asks each witness to swear or affirm to tell the truth. The attorney then asks questions of the witness. The questions are based on facts the witness has to offer.

Prosecution’s Cross-Prosecution’s Cross-examination of the examination of the Defense’s WitnessesDefense’s Witnesses

During cross-examination, an attorney tries to get the other side’s witness to admit something that will help his or her client. The attorney may also try to show that a witness is not reliable.

Closing Arguments by Closing Arguments by the Prosecutionthe Prosecution

Where the attorney will sum up the main points that help his or her client’s of the case. The prosecuting attorney talks about the evidence that was put in evidence and how that supports their case.

Closing Arguments by Closing Arguments by the Defendant’s the Defendant’s AttorneyAttorneyWhere the defendant’s attorney will sum up the main points that help his side of the case. The defense attorney talks about the evidence that was put into evidence and how that supports their case.

RebuttalRebuttal

Once the defense has made their closing arguments, the prosecution has a chance to react to the defense’s comments.

Judge’s Instruction to Judge’s Instruction to the Jurythe Jury

The judge explains to the jury what the principles of law are in the case. He or she asks the jury to make a fair decision about the case.

Jury DeliberationJury Deliberation

The jury talks about and makes a decision in the case. In a real trial, the jury leaves the courtroom and goes to separate room to discuss the case.

VerdictVerdict

Once the jury makes a decision, it reports back to the courtroom and the judge announces the verdict. If the defendant waives a jury trial, the judge issues a verdict.

CasesCases

State of Florida v AlliState of Florida v Alli McGrawMcGraw Marijuana was found in AlliMarijuana was found in Alli’’s s purse and she claims that she did purse and she claims that she did not put it there. (D & E period)not put it there. (D & E period)

State of Florida v JesseState of Florida v Jesse SundersonSunderson - Firecrackers - Firecrackers exploded in a school locker and exploded in a school locker and Jesse has been charged. He Jesse has been charged. He denies the allegations.denies the allegations. (A, B, & (A, B, & F period)F period)

Selection of RolesSelection of Roles

3 Prosecuting 3 Prosecuting AttorneysAttorneys

3 Defense 3 Defense AttorneysAttorneys

1 Bailiff1 Bailiff 3 witnesses for the 3 witnesses for the

prosecutionprosecution 1 defendant1 defendant 2 witnesses for the 2 witnesses for the

defensedefense All others will be All others will be

jurorsjurors

Directions for each Directions for each RoleRole Attorneys Attorneys – read the facts; divide – read the facts; divide

up jobs (opening, objections, up jobs (opening, objections, closing, direct of each of the 3 closing, direct of each of the 3 witnesses, cross of each of the 3 witnesses, cross of each of the 3 other witnesses) --- each other witnesses) --- each attorney should do 3 of the tasks attorney should do 3 of the tasks listedlisted

WitnessesWitnesses – read and re-read – read and re-read over your statements; work with over your statements; work with lawyers from your side to help lawyers from your side to help prepare for questioning; you can prepare for questioning; you can improvise any details that are improvise any details that are not contained in your statement not contained in your statement (which can NOT be altered)(which can NOT be altered)

BailiffBailiff – review the procedure for – review the procedure for the oath; fill in the blanks of the the oath; fill in the blanks of the Mock Trial Procedure handout for Mock Trial Procedure handout for the Judgethe Judge

JurorsJurors- imagine who you will be - imagine who you will be in 20 years and complete the in 20 years and complete the Juror Biography formJuror Biography form

WhatWhat’’s Next?s Next?

Work with your side Work with your side – rest of day 1 and – rest of day 1 and all of day 2all of day 2

All questions and All questions and objections due at objections due at the beginning of the the beginning of the period on day 3period on day 3

Day 3 – Guest Day 3 – Guest Speaker: final Speaker: final touches on touches on ““rolesroles”” & & Voir DireVoir Dire

Day 4 – Courthouse Day 4 – Courthouse Tour & Mock TrialTour & Mock Trial