Courtroom in the Classroom

1. Courtroom in the Classroom

2. Discussion of Trials • What law programs have you seen in the movies or on TV? • Who are the participants in a courtroom? • Lawyers, judge, jurors, witnesses, defendant, plaintiff or prosecutor, bailiff, police officers, clerk, court reporter, public

3. Roles in the Courtroom • What does each person do in the courtroom? • Why is each person important in the courtroom?

4. Steps in a Trial • Opening of the Court • Swearing in the Jury • Opening Statement by the Plaintiff’s Attorney or the Prosecutor • Opening Statement by the Defendant’s Attorney • Prosecution’s Direct Examination of their witnesses • Defense’s Cross-examination of the Prosecution’s witnesses • Defense’s Direct Examination of their witnesses • Prosecution’s cross-examination of the defense’s witnesses • Prosecution Closing Arguments • Defense’s Closing Arguments • Rebuttal • Judges instructions to the jury • Jury Deliberations • Verdict • We will have a quiz over these next week

5. 1. Opening of the Court 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.

6. 2. 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.

7. 3. Opening Statement by Prosecuting Attorney This 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.

8. 4. Opening Statements by the Defendant’s Attorney This 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.

9. Prosecution’s Direct Examination of their Witness The 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.

10. Defense’s Cross-examination of their 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.

11. Defense’s Direct Examination of their Witnesses The 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.

12. Prosecution’s Cross-examination of the Defense’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.

13. Closing Arguments by the 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.

14. Closing Arguments by the Defendant’s Attorney Where 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.

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

16. Judge’s Instruction to the 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.

17. Jury 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.

18. Verdict 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.

19. Cases • State of Florida v AlliMcGraw Marijuana was found in Alli’s purse and she claims that she did not put it there. (D & E period) • State of Florida v JesseSunderson - Firecrackers exploded in a school locker and Jesse has been charged. He denies the allegations. (A, B, & F period)

20. Selection of Roles • 3 Prosecuting Attorneys • 3 Defense Attorneys • 1 Bailiff • 3 witnesses for the prosecution • 1 defendant • 2 witnesses for the defense • All others will be jurors

21. Directions for each Role • Attorneys – read the facts; divide up jobs (opening, objections, closing, direct of each of the 3 witnesses, cross of each of the 3 other witnesses) --- each attorney should do 3 of the tasks listed • Witnesses – read and re-read over your statements; work with lawyers from your side to help prepare for questioning; you can improvise any details that are not contained in your statement (which can NOT be altered) • Bailiff – review the procedure for the oath; fill in the blanks of the Mock Trial Procedure handout for the Judge • Jurors- imagine who you will be in 20 years and complete the Juror Biography form

22. What’s Next? • Work with your side – rest of day 1 and all of day 2 • All questions and objections due at the beginning of the period on day 3 • Day 3 – Guest Speaker: final touches on “roles” & Voir Dire • Day 4 – Courthouse Tour & Mock Trial