Mock trial

1. Mock trial

2. What is law? • Law is a set of rules and regulations made and enforced by the government that regulates the conduct of people within a society. • Goals of our legal system: • Protecting our basic freedoms • Promoting fairness • Helping people avoid and resolve conflict • Promoting order and stability. • Representing the will of the majority. • Protecting the right of the minorities (KKK, Same-gender marriages, African-Americans, other minority groups)

3. 2 major groups of law • Criminal: • Regulates public conduct • A criminal case is a legal action brought by the government against a person charged with committing a crime. • Divided into 2 types: • Misdemeanors – • Felonies – • Civil: • Regulates relations between individuals or groups. • Civil cases regulate many everyday disagreements (ex: divorce, marriage, contract disputes, or libel/slander cases). less than one year in jail. more than one year in jail.

4. Three sailors on an ocean-going freighter were cast adrift in a life raft after their ship sank during a storm in the Atlantic Ocean. The ship went down so suddenly that there was no time to send out an S.O.S. As far as the three sailors knew, they were the only survivors. In the raft they had no food or water. They had no fishing gear or other equipment that might be used to get food from the ocean. After recovering from the shock of the shipwreck, the three sailors begin to discuss their situation. Dudley, the ship’s navigator, figured they were at least one thousand miles from land and that the storm had blown them far from where any ships would normally pass. Stephens, the ship’s doctor, indicated that without food they could not live longer than 30 days. The only nourishment they could expect was from any rain that might fall from time to time. He noted, however, that if one of the three died before the others, the other two could live awhile longer by eating the body of the third. “CASE OF THE SHIPWRECKED SAILORS” On the 25th day, the third sailor, Brooks, who by this time was extremely weak, suggested that they all draw strings and that the loser be killed and eaten by the other two. Dudley and Stephens agree. The next day strings were drawn and Brooks lost. At this point, Dudley and Stephens decided that Brooks would die soon anyway, so they might as well get it over with. After thus agreeing, they killed and ate Brooks. Five days later, Dudley and Stephens were rescued by a passing ship and brought to port. They explained to authorities what had happened to Brooks. After recovering from their ordeal they were placed on trial on murder. The state in which they were tried had the following law: “Any person who deliberately takes the life of another is guilty of murder.”

5. Case of the Shipwrecked Sailors • Should Dudley and Stephens be tried for murder? • As an attorney for Dudley and Stephens, what arguments would you make on their behalf? • As an attorney for the state, what arguments would you make on the state’s behalf? • If they are convicted, what should their punishment be? • What purpose would be served by convicting Dudley and Stephens? • Was it morally wrong for Dudley and Stephens to kills Brooks? Explain your answer. • Can an act be legal but immoral? Can an act be morally right but unlawful?

6. Courts • Trial Courts are used for: • Listening to testimony • Consider evidence • Decide case based on facts presented • A jury is: • A group of regular citizens who decide facts of a case. • Make a judgment of the case based on the fact presented.

7. Courts – cont’d • An error of law is made when: • A mistake made by a judge in a legal procedure, ruling, or trial that may allow for the case to be appealed. • Appellate Courts: • One party presents arguments asking the court to change the decision of the lower court (trial court) • No evidence is presented. Lawyers appear to make their legal arguments to the judge.

8. Elements of crime • Definition of crime: • A crime is something one does or fails to do in violation of a written law. • Robbery • Unlawful taking of goods or money from someone by using force or intimidation. • Larceny • Stealing goods or money without force or intimidation. • Grand Larceny • Stealing goods or money that amounts to $100 or more.

9. Elements of crime – cont’d • Intent • The person meant to or intended to commit a crime • Motive • The reason a person commits a crime • Homicide • Another term for murder. The killing of another human by someone else. Some types of homicide are justifiable (self-defense).

10. Degrees of murder • First-Degree Murder • A killing that is done thought out beforehand, deliberately acted out, and was done with malice (intent to kill). • Second-Degree Murder • A killing that is done with malice, but with no plan made beforehand. The intent to kill did not exist until just before the murder took place. • Felony Murder • A killing that takes place during the commitment of another crime such as rape, arson, robbery, or burglary. It’s not important to prove intent to kill if being committed during a felony, even if it was accidental. Most states view felony murder as 1st degree murder.

11. Degrees of murder – cont’d • Voluntary Manslaughter • An intentional killing committed under conditions that lessen, but do not justify the crime. Manslaughter is based on the idea that any “reasonable person” would act rashly if they were provoked. • Involuntary Manslaughter • An unintentional killing resulting from conduct so extreme that it causes bodily injury or death (i.e., playing with a loaded gun) • Negligent Homicide • An unintentional killing that is a result of criminal negligence. Negligence is the failure to exercise a reasonable or ordinary amount of care in a situation that causes harm to someone. The most common form of negligent homicide is vehicular, or automobile, homicide (operating a vehicle in an unsafe manner resulting in death).

12. PROBLEM #9 • Mikedecides to shoot & kill Connor, whom he blames for his legal troubles. As he is driving to Connor’s house to carry out the murder, Mike hits a jogger who darts out from behind a tree. Stopping immediately, Mike rushes to help the jogger, who is already dead. Mike is upset about the accident -- until he discovers that the dead jogger is Connor. • Assuming Mike was driving at a safe speed and police have evidence that the collision was unavoidable: • Is Mike guilty of murder? If so, why? • If not, what should Mike be charged with?

13. Problem #10 • Breanne is cheated when she buys a car from Eddie’s Car Mart. She attempts to return the car, but Eddie just laughs and tells her to go away. Every time Breanne has to make a repair on the car, she gets angrier with Eddie. Finally she decides to wreck Eddie’s car to get even. Following Eddie home from work one evening, Breanne tries to ram his car, hoping to bend the axle or frame. Instead of bending the frame, the collision smashes Eddie’s gas tank, causing an explosion which kills Eddie. • Is Breanne guilty of any degree of homicide? If so, which degree and for what reason? • What was Breanne’s motive in acting as she did? Should her motive be considered at any stage of her trial? Why or why not?

14. Other elements of crime • Assault • Any attempt or threat to carry out a physical attack upon another person. • Battery • Any unlawful physical contact inflicted by one person upon another individual without consent. • Arson • The deliberate and malicious burning of another person’s property.

15. Other elements of crime – cont’d. • Vandalism • The deliberate destruction of another person’s property (can be a felony or misdemeanor, depending on state law). • Extortion • The use of threats to obtain the property of another person (blackmail). • Arrest • The person that is suspected of a crime is taken into custody

16. Other elements of crime – cont’d. • Probable Cause • A reasonable belief that a person has committed a crime • Problems 26 & 27 • Read aloud as a class and discuss

17. Problem 26 • Police receive a tip that a drug pusher named Richie is flying from New York to Washington sometime on the morning of September 8. The informer describes Richie as a tall man with reddish hair and a beard. He also tells police that Richie has a habit of walking fast and that he will be carrying illegal drugs in a brown leather bag. • On the morning of September 8, the police watch all passengers arriving from New York. When they see a man who fits the description – carrying a brown leather bag and walking fast – they arrest him. A search of his bag reveals several large quantities of cocaine.

18. Problem 26 – cont’d. • Based on what you know, do you think the police had probable cause to arrest Richie? Why or why not? • Should the police have obtained a warrant before arresting Richie? Why or why not?

19. Problem 27 • After an evening out, Lonnie Howard and his girlfriend, Susan, decide to park in the empty lot behind Sears at the Briarwood Shopping Mall. After having several beers, they are startled by the sound of breaking glass from the rear of the store. • Unnoticed in their darkened car, Lonnie and Susan observe two men loading merchandise from the store into the back of a van. Quickly concluding that the men must be burglars, Lonnie revs up his engine and roars out of the parking lot onto Main Street. • Meanwhile, unknown to Lonnie and Susan, a silent alarm has also alerted the police to the break-in at the store. Responding to the alarm, Officer Ramos heads for the mall and turns onto Main Street just in time to see Lonnie’s car speeding away.

20. Problem 27 – cont’d. • If you’re Officer Ramos, what would you do in this situation? If you were Lonnie, what would you do? • If Officer Ramos chases after Lonnie, would he have probable cause to stop and arrest him?

21. Other elements of crime – cont’d. • 4th Amendment • Freedom from illegal search and unreasonable arrests. • Search Warrant • A court order from a judge who is convinced that there is a real need to search a person or place. • Problem 29: Police Searching the Trash

22. The Case of the Police Searching the Trash • Police suspected that Bill Greenwood was involved in dealing drugs. They observed many vehicles making brief stops at his house during late-night hours and one truck was followed from Greenwood’s house to another residence that had previously been investigated for drug sales. • Though they didn’t have enough evidence to obtain a search warrant, the police asked the garbage collector to pick up Greenwood’s plastic garbage bags that he had left on the curb in front of his house and turn them over without mixing them with other garbage. Upon opening them, the police found evidence of narcotic use. Based on this evidence, the obtained a search warrant for Greenwood’s house and discovered quantities of cocaine and marijuana. Greenwood was arrested and convicted based on this evidence. • Was the police search of the garbage illegal? Should the evidence of that search have been allowed to be the basis of a search warrant that resulted in Greenwood’s conviction? The case was appealed to the U.S. Supreme Court and the justices split and came up with two different opinions:

23. Opinion A • The plastic garbage bags were closed containers that one could not see through. Therefore, they are no different from other containers that prior cases have held may only be opened after the police obtain a search warrant. • We believe that allowing the search of trash bags without a warrant would paint a grim picture of our society. It would be a society that says it is unreasonable to expect privacy in personal effects sealed in a container and disposed of in a manner that will commingle it with the trash of others. Consequently, we hold that the search was illegal under the Fourth Amendment and that the items should not have been used to convict Greenwood.

24. Opinion B • People are only protected by the Fourth Amendment’s freedom from unreasonable search and seizure if they have a “reasonable expectation of privacy” with respect to the trash that was searched by the police. It is common knowledge that plastic garbage bags left on or at the side of a public street are readily accessible to animals, children, scavengers, snoops, or others. They have also been left there so that a third party, a trash collector, can take it and perhaps sort through it. • Prior cases of this court have held that “a person has no expectation of privacy in information he voluntarily turned over to third parties”. For example, one case allowed the police to install a device at the phone company that recorded the phone numbers a suspect called and then use it as evidence against him in court. Another case allowed warrantless airplane surveillance of a fenced backyard for purposes of detecting marijuana cultivation. The police should be allowed to gather evidence that any member of the public could also see and gather. Therefore, we hold that the trash collected may be used as evidence against Greenwood.

25. Questions: • Which opinion do you agree with? Why? • Which opinion do you think represents the majority view of the U.S. Supreme Court in this case?

26. Other elements of crime – cont’d. • Interrogate • To question a suspect • Problem 32: Miranda vs. Arizona • Booking • A formal process of making a police record of the arrest • Bail • An amount of money put up in order to be set free before a trial date.

27. Other elements of crime – cont’d. • Preliminary Hearing • Used to determine if there is enough evidence to require the defendant to stand trial. • Exclusionary Rule • This rule holds that any evidence obtained illegally cannot be used to convict a person • Plea Bargaining • Granting certain conditions to the defendant if they plead guilty to a crime. • Case of the Purse Search • You Be the Judge

28. court personnel & terminology • Prosecuting Attorney • This attorney works for the local, state, or federal government. • Responsible for: • Formally charging suspects with their crimes in court. • Find the accused criminals guilty. • Defending Attorney • This attorney is either hired by a suspect after being charged with a crime or assigned by the court to the suspect if they can’t afford to hire an attorney. • Responsible for: • Finding their client innocent.

29. court personnel & terminology • Jury • This group of 12 people is picked by both attorneys’ before the trial to help decide the eventual outcome of the case. • Responsible for: • Deciding if a suspect is guilty or not of the crime(s) they’re charged with. • Judge • Presides over cases in court. • Is either: • the manager of court procedures. • used to determine guilt of the accused.

30. court personnel & terminology • Clerk • Responsible for opening the court proceedings by: • Announcing the judge and case being heard • Keeping notes of court proceedings • Swearing in juries • Bailiff • Serves as officer of the court and is responsible for carrying out any directions given by the judge in court. • Responsible for: • Swearing in witnesses before being questioned by both attorneys.

31. Types of trials • Bench Trials • Trials in which a judge is used to determine the outcome of the case. No juries are involved in making the decision. • Jury Trials • Trials in which a jury is used to determine the outcome of the trial. Judges are there to simply oversee the procedure of the court and address any problems within the court that may arise during the trying of a case.

32. Terminology of court • Plea • Term used to describe the statement a suspect makes in court when they state whether they are innocent or guilty of the crime(s) they are being charged with. • Opening statement • When both attorneys talk to the jury, judge, and the rest of the court to give a brief summary of what the facts of the case are. They also use this opportunity to tell the court their opinion of the case is, how they are going to try the case, and what they think the verdict SHOULD be.

33. Terminology of court • Examine • Term used to describe when an attorney questions his/her witness in court. • Cross-examine • Term used to describe when the opposing attorney questions the same witness in trial.

34. Terminology of court • Closing statement • Before the verdict is decided, both attorneys talk to the judge, jury, and the rest of the court again to review the facts of the case and state what they think the verdict SHOULD be. • Verdict • The decision of either guilty or not guilty given by the judge or jury after the case has been completed.