The Law: It’s Not Like in the Movies! Mock

Trial

The Law:It’s Not Like

in theMovies

What?

Who?

How?

Questions?

Summary of the FactsPhil 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.

What?

Criminal

Civil

Civil LawWhat 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.

Criminal LawWhat 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.

What kind of trial will there be?

Criminal Trial

Main Players in a Trial

What are their roles?

Who are they?

Main Players in a Trial

1 2 3 4 5

6 7 8

Crown ProsecutorRepresents 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

JudgeEnsures 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

Court Usher Maintains order during the trial

Asks people in the courtroom to rise when judge enters

Defence LawyerRepresents 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

Court Clerk

WitnessPerson 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

AccusedSuspected 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

What does “presumed innocent” mean?

?

Normally made up of 12 citizens (jurors)

Decides whether the accused is guilty of the crime

Role of the Jury

Students(Jury)

Court Usher

Accused

Defense Lawyer

Court ClerkCrown

Prosecutor

Witness

Action!Judge

The court is in session!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.

3-2-1.. action!

Steps in a TrialMock Trial

Trial Opens

Reading of the Charges

Summary of the Case

Evidence of the Crown : Examination and Cross-Examination

Evidence of the Defence

1

2

3

4

5

Steps in a TrialMock Trial

Arguments (Pleading)

Deliberation

Verdict

End

6

7

8

9

Court Usher: “Please rise, the court session is now closed”.

Summary of the CaseThis 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

Arguments

The accused is guilty because…

My client is innocent because…

6

Judge’s Instructions

to the JuryFor 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

Judge’s Instructions to the Jury

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.

Why not visit a courthouse?

The end!

Resources

Conclusion

Questions?

Clear language

for citizens

Éducaloi’s mission is to inform Quebecers of their rights and responsibilities by providing legal information in everyday language.

Resources

!Thankyou!