R V Wyler - Mock Trial and Intro Plans

r. v.
Wyler: a mock trial kit
Reformatted from the original 1987 text with minor changes.
This Mock Trial Kit has been prepared, published and distributed by the Public Legal
Education Association of Saskatchewan, Inc. (PLEA). The contents of this publication are
intended as general legal information only and should not form the basis of legal advice of
any kind. Individuals seeking specific legal advice should consult a lawyer.
The purpose of PLEA and this Mock Trial Kit is to provide the public with an introduction
to mock trials. It is not PLEA's intention to express a particular opinion or to make an
editorial comment about the law.
PLEA is a non-profit, non-government organization funded by the Law Foundation of

Saskatchewan and Justice Canada. PLEA also receives generous support from
Saskatchewan Justice. PLEA is supported by the Law Society of Saskatchewan, Canadian
Bar Association (Saskatchewan Branch), College of Law, Saskatchewan Legal Aid
Commission, Ministry of Education, Saskatoon Public Library and the public libraries and
regional colleges throughout the province.
Contents may not be commercially reproduced, but any other reproduction is

encouraged.
© 1991 Public Legal Education Association of Saskatchewan, Inc.

ISBN 6-92063966-6
R. v. Wyler: A Mock Trial Kit
Clarence Darrow. Perry Mason. Michael Kuzak. These real-life and fictional char-
acters capture the high drama that makes the courtroom a favourite setting for playing out
the perpetual human conflict and illuminating the social issues of the day. The appeal for
young people is immediate. In addition to the motivational advantages of this role play,
young people gain a first-hand appreciation for the principles underlying our justice system
and a more critical understanding of how trial procedures and courtroom personnel work to
ensure a fair trial.
GOALS
A. Cognitive
1. Recognize the roles played by courtroom personnel in the administration of justice.
2. Understand basic courtroom procedures:
• physical setting,
• sequence of events, and
• formalities and rules governing a trial.
3. Identify the legal definition of theft.
B. Skills
1. Practice speaking and listening skills.
2. Develop critical thinking and decision-making skills.
3. Encourage co-operation skills through group work.
C. Affective
1. Develop an appreciation for principles underlying our criminal justice system:
• presumption of the accused’s innocence,
• fair hearing, and
• impartial judgment.
2. Develop a feeling for the roles played by courtroom personnel.
3. Appreciate how individual differences in background and experience affect court
decisions.
4. Acquire an appreciation for the necessity of an impartial tribunal in resolving dis-
putes.
USING THIS MOCK TRIAL KIT

This self-contained mock trial kit is set out in step-by-step lesson plans to allow
teachers inexperienced in the law to successfully conduct a mock trial with middle years
students. All materials are included. There is a materials distribution chart to ensure that
Introduction 1
students playing particular roles receive the correct handouts. Depending on the length of
the class, each lesson may take several classes. The following diagram shows, at a
glance, the sequence of activities: preparation for the trial, the trial, and debriefing follow-
ing the trial. Once you have conducted a mock trial, this plan may still be used by chang-
ing the fact situation and applicable law.
A glossary of legal terms is included at the end of the mock trial to assist teachers.
This may be distributed to students. As well, a resource list following the last lesson gives
sources for further use of mock trials.
THE MOCK TRIAL KIT AT A GLANCE
Purpose Procedure Resources
• discussion • The Criminal

Lesson One • to give students
• question/answer
The Criminal Justice System and background Justice System
• 20 questions game
Trial: Principles information
Lesson Two • to become familiar • role play basic • Jury Trial Outline
Introducing the Trial with basic criminal trial procedures • Trial Script
trial procedures
• Court Diagram
• Indictment
Lesson Three • to have students 1. Preview the law

• The Law: Theft
prepare their roles • Case Outline
Developing Roles and with students
for the mock trial • Role handouts:
2. Assign roles
Preparing for Trial For the Judge
3. Distribute materials
For the Jury
4. Prepare for trial
Member
5. Other activities
For the Crown
Prosecutor
For the Defence
Lawyer
For the Court
Clerk
For the Witness
• Time Chart
Lesson Four • mock trial

• to role play the
Conducting the Trial
mock trial
• to gain a more
Lesson Five • discussion
critical under-
Debriefing
standing of the
mock trial process
2 Introduction
LESSON one: the criminal justice
system and trial - principles
A. Foreword
This lesson is designed to provide background information on fundamental principles of
criminal law and criminal trials. The roles of court officials are to be examined as well.
B. Objectives
Students will be able to:
• explain what a crime is
• describe the role played by the following in the administration of justice:
• Judge
• Jury
• Crown Prosecutor
• Defence Counsel
• Court Clerk
• Court Reporter
• Witnesses
• Material Evidence
• determine what court procedures must be taken in order to ensure the accused
has a fair trial.
C. Materials
• The Criminal Justice System
D. Suggested Procedures
Use student handout, The Criminal Justice System, as a basis for an overview of
criminal law. The following are suggested activities.
a) Brain Storming
• Have students brainstorm for examples of criminal offences.
b) Poster
• On a large sheet of paper write the heading, “A Fair Trial”.
• Have the Students read the handout, The Criminal Justice System.
• Ask the students to think of ways to ensure that an innocent person will not be
found guilty.
• The following are sample responses:
Lesson One: The Criminal Justice System and Trial - Principles 3

A Fair Trial
• the Judge is impartial

• a Judge or Jury doesn’t make a decision until all the evidence is heard
• the Crown must prove guilt
• the accused is innocent until the Judge or Jury decides otherwise
c) Questioning
• Develop a series of questions and situations which illustrate the rules on
questions that may be asked in court.
d) Court Officials
• Have the students give a profile of each court official.
• Play a “20 Questions” or “Who Am I?” game to identify what each court official does.
4 Lesson One: The Criminal Justice System and Trial - Principles

Handout
THE CRIMINAL JUSTICE SYSTEM
1. The Background
Some things that people might do are considered so wrong or harmful that laws
must be passed to make such conduct criminal offences. Murder, robbery, assault, theft
and forgery are just a few examples of acts which are prohibited by criminal laws.
Because it is important for criminal laws to be the same across the entire country, the
responsibility for defining crimes, or criminal offences, belongs to the federal government.
Most of the criminal offences may be found in the Criminal Code, although criminal
offences may also be found in some other federal laws, such as the Narcotic Control Act.
The provincial governments also create offences by forbidding certain acts (an example is
forbidding high-speed travel on highways), but these are not criminal offences. Only the
federal government can create a criminal offence.
In Canadian society, crimes are treated as harmful to everyone, not just to the
victim, because these acts threaten the peace and safety of all people. This is why an
offence is prosecuted by the state, or Crown, rather than by a person who is actually
harmed. The police investigate to collect the evidence which leads to a suspect. The
lawyer for the Crown puts all these facts before the court so that the truth about the crime
may be established. Once all the evidence has been heard, a decision is made on
whether or not the accused is guilty of the offence. To find the accused guilty, the Jury
must be convinced that the accused not only committed the act of which he or she was
accused, but also that he or she intended to commit the crime. If a trial is heard by a
Judge alone, that Judge has two tasks: first, the Judge determines that law that applies to
the crime, and second, she or he decides whether the facts prove the guilt of the accused.
In a jury trial the Judge instructs the Jurors on the applicable law, while the Jury examines
the facts and decides the question of the accused’s guilt.
2. Rules and Procedures

While it is important that people who break the law are brought to justice, our
society considers it even more important to ensure that an innocent person is not convict-
ed and punished. One of the basic principles of the justice system which prevents this
type of mistake is the concept that the accused has a right to a fair hearing by a court.
Another important principle is that the accused is presumed innocent until proven guilty.
Many rules to protect the rights of the accused person come from these principles. The
important rules which you will need to know for the trial are:
a) the Judge and members of the Jury must remain impartial. The Jurors must not
make up their minds about guilt or innocence of the accused until all the evidence
has been heard and the law has been explained to them by the Judge;

Handout
b) the Crown has the burden of proof, which means that the Crown Counsel is
responsible for proving the guilt of the accused. The accused does not have to
prove anything and, in fact, does not even have to say anything;
c) the Crown must prove all the elements of the crime “beyond a reasonable doubt”.
This means that the Jury has to be convinced that the guilt of the accused is
established by the evidence and that the facts do not show any other sensible
explanation of the events;
d) the accused has the right to be represented by a lawyer, who sees that the ac-
cused’s rights and interests are protected;
e) there are special rules that cover the types of questions which lawyers may ask
witnesses and the kinds of answers that witnesses may give;
• Leading Questions - A leading question is one that tells the witnesses how to
answer, or that puts words in the witness mouth. For example, “Was it then
that you saw the accused run from the building with the television set?” is an
improper question. This type of question cannot be asked of your own
witness. It is best to let the witness tell his or her own story by asking general
questions like “What happened next?” It is permissible to ask leading
questions when you are questioning the opposite party’s witness (cross-
examination).
• Opinions - Usually, witnesses cannot give their opinions about a subject.
They are asked to tell only what they saw. There are occasions, however,
when witnesses are allowed to give an opinion. For example, a witness could
be asked to give an opinion about the speed of a car because it something of
which everyone is expected to have some general knowledge.
Witnesses who are experts in their field are also allowed to give opinions, as
long as those opinions relate to their area of expertise. For example, only a
medical expert could give an opinion about the extent of a person’s injuries.
• Hearsay - Witnesses can testify only about things of which they have direct
knowledge. That is, either it happened to them, or they saw it happen.
Witnesses aren’t allowed to repeat what they heard from someone else. That
is called hearsay evidence. The courts do not like this kind of evidence
because they fear it might be unreliable. For example, if a witness saw
someone leaving the scene of a crime, the defence lawyer may want to ask
the witness some questions: how good is his or her eyesight? does she or he
usually wear glasses? did this happen at night? how dark was it? how far
away was she or he from the scene? and so on. But if the witness says that
her best friend, Mary, saw the accused leaving the scene of the crime, no one
knows how reliable that information is. No one can ask Mary any questions.
It is for this reason that the court will not accept hearsay evidence.
If the Crown or the Defence believes that the other lawyer has broken one of these
rules, she or he can object to the Judge and give a reason for the objection. The Judge
then decides whether or not a question may be asked or answer given.

Handout
3. In the Courtroom
Since the trial is a serious matter, it must be conducted in an orderly way. The
Judge is responsible for seeing that the process is proper and fair and that no one is
disrespectful of the law and its representatives. The formal procedures or steps which
help the trial run smoothly are outlined in the Trial Script. Everyone in the court is
expected to act with courtesy and respect. Respect for the law is shown, for example, in
the custom that everyone stands while the Judge enters or leaves the courtroom.
Many people are involved in every trial. They include officers of the court, such as
the Judge and the lawyers, and ordinary people, such as the Jury and many of the
witnesses. Here is a list of who these people are and a description of what they do in a
jury trial.
a) Judge
The Judge is an impartial person with the important duty to ensure that the trial is
fair. She or he gives both sides a chance to be heard and sees that the lawyers obey the
rules which apply to the questioning of the witnesses. The Judge tells the Jury about its
task and explains the legal principles and rules which the Jurors must use to make a
decision. This is necessary because the members of the Jury, in all likelihood, do not
know the law. The Judge will tell them about the law they should apply in this case. The
Judge may also give an opinion about the weight to be given to the evidence and about
the credibility of the witnesses. The Judge cannot give an opinion about the guilt or
innocence of the accused. The Judge also determines the sentence if the accused is
found guilty.
b) Court Clerk
This official helps the Judge to run the trial in an orderly manner. The Clerk’s duties
include calling the court to order, reading the charge to the accused and swearing in the
witnesses.
c) Jury
A number of people are chosen at random from the community. Twelve people are
selected from this group by the lawyers to form the Jury. The Jury’s duty is to decide
whether or not the evidence proves the guilt of the accused “beyond a reasonable doubt”.
The Jurors, like the Judge, must be impartial. This means that they do not form any
opinion about the guilt or innocence of the accused until they have heard all the evidence
presented in the case and have been instructed by the Judge about the law which applies
to the crime.
d) Crown Counsel
The Crown Counsel represents society in a trial. The job of this lawyer is to help
the court discover the truth by placing all the facts about the crime before the court. A
decision can then be made about whether or not the accused person broke the law. The
Crown must prove all the elements of the offence “beyond a reasonable doubt”. To say
that something is proven “beyond a reasonable doubt” means that the evidence is so
convincing that there is no other sensible explanation.
Handout
e) Defence Counsel
The task of Defence Counsel is to ensure that the rights and interests of the
accused are protected. The Defence lawyer tries to show the Jury that the Crown has not
proven that the accused is guilty. She or he does this by cross-examining the Crown’s
witnesses and, if necessary, by calling witnesses. Because the accused is presumed to
be innocent, the defence does not have to prove anything. In fact, the Defence lawyer
does not have to call any witnesses because of the accused’s right to remain silent.
However, the accused usually gives evidence if he or she has a defence or information
that would help avoid conviction.
f) Witnesses
The people called as witnesses are those who were somehow involved in the crime,
such as the victim, or those who were at the scene and saw the events happen. The
witnesses are questioned in court by the lawyers and they are required to answer
truthfully. To ensure that the witnesses understand the importance of telling the truth, each
must swear on a Bible to tell “the whole truth and nothing but the truth” before he or she
testifies. A witness may prefer to “affirm”. In that case, he or she promises to tell the truth.
A Bible is not used.
g) The Accused
This is the person charged with breaking the law. Because the accused has the
right to keep silent, the Crown cannot call him or her to the stand. If the accused is going
to testify he or she will be called to the stand by the Defence lawyer. After the Defence
examines the accused, the Crown Prosecutor has the right to cross-examine. The
accused must answer all questions that are properly asked.
h) Exhibits
Sometimes an object that is important to the trial has to be produced in court. If the
charge is theft, for example, the item that is thought to have been stolen will be entered as
an exhibit. A witness must identify it and tell who the item belongs to and what happened
to it before and after it was recovered. Once the object has been properly identified, the
Clerk, on the direction of the Judge, will label it with an exhibit number to make the item
part of the official record of the trial.

LESSON two: introDUCING THE
TRIAL
A. Foreword
The purpose of the lesson is to familiarize students with the order and formalities of
the trial used in the mock trial.
B. Objective
• practice trial procedures by running through a script of the trial.
C. Materials
• Jury Trial Outline

• Trial Script
• Court Diagram
• Indictment
D. Procedures
Using the court diagram, have students arrange the classroom so that it resembles,
as closely as possible, a courtroom.
Show students the indictment and explain that the Crown must fill it out and
distribute it to the accused's lawyer, the Court Clerk and keep one copy. The indictment
contains the charge and other information.
Go over the Jury Trial Outline with the student's to prepare them for the role play.
Assign the roles of courtroom personnel, witnesses and the accused and run
through the Trial Script several times so that students are comfortable with the procedures
and formalities of the trial.
Lesson Two: Introducing the Trial 9

Handout
JURY TRIAL OUTLINE

1. OPENING OF COURT • Judge enters.
2. CHARGE AND PLEA • The charge is read by the court Clerk
and a plea is entered.
3. THE CROWN’S CASE • Crown calls and examines witnesses.
• Defence cross-examines.
4. THE DEFENCE’S CASE • Defence calls and examines witnesses.
5. SUMMATIONS • Defence
• Crown
6. JUDGE’S CHARGE TO THE JURY • Judge instructs the Jury.
7. RETURNING THE VERDICT • After deliberations, the Jury gives the
verdict.
8. SENTENCING • If the verdict is guilty, the Crown and
Defence speak to sentence.
• Judge gives sentence.
TRIAL SCRIPT
1. Opening of Court
1- a Everyone, except the Judge, should be in position.
COURT CLERK: All rise, this court is now in session, Madam
Justice/Mr. Justice _________________ now
presiding.
Everyone stands.
1- b Judge enters, bows to the Crown and the Defence Counsel. They
bow back. Judge sits down.
JUDGE: You may be seated. [All sit.] Are all parties
present?
1- c Crown Counsel stands and introduces the case and all Counsel.
CROWN COUNSEL: The case of The Queen and ___________,
My Lady/Lord. I am _________ for the
Crown. My learned friends ___________
represent the accused.
JUDGE: Thank you, Mr./Ms. __________________.
10 Lesson Two: Introducing the Trial

Handout
2. Charge and Plea
2- a JUDGE: [to Clerk] Please read the charge.

[to accused] Please rise and hear the charge.
Accused, Defence Counsel and Clerk stand.
2- b Clerk reads the indictment.
CLERK: _________________, you are charged that
on or about _____________, you did unlaw-
fully _____________ thereby committing
_________. How say you this charge? Do
you plead guilty or not guilty?
ACCUSED: Not guilty.
Everyone sits down.
3. The Crown’s Case

3- a Judge asks Crown to begin.
JUDGE: Ms./Mr. _____________, please proceed.
3- b The Crown Counsel, who is starting the questioning, stands and gives
the name of the first witness.
CROWN: The Crown calls ________________ to the
stand.
3- c The first witness takes the stand and is sworn in by the Clerk. [Clerk
gives the witness the book for taking the oath.]
CLERK: Will you state your name to the court,
please?
WITNESS: [gives full name]
CLERK: Do you swear the evidence you shall give
this court and Jury sworn between our
Sovereign Lady, the Queen, and the
accused shall be the truth, the whole truth,
and nothing but the truth so help you God?
WITNESS: I do.

Handout
3- d Crown begins questioning the witness. Defence Counsel must listen

carefully to the questions and to the evidence given.
3- e Once the Crown Counsel is finished questioning the witness, he or
she informs the Judge and turns the witness over to the Defence
Counsel for cross-examination.
CROWN: [to Judge] These are all the questions I have
of this witness, My Lady/Lord.
[to witness] Will you please answer the
questions of my learned friend?
3- f Defence Counsel stands and cross-examines the witness usually just
on points of disagreement. The Defence Counsel tells the Judge when
he or she is finished with the witness. The Judge gives the witness
permission to leave the stand.
DEFENCE: [to Judge] Those are all the questions I have
of this witness, My Lord/My Lady.
JUDGE: [to witness] Thank you. You may step down.
3- g Steps 3- b to 3- f are followed for each witness.
3- h When all the Crown witnesses have been called, Crown Counsel
closes his or her case.
CROWN: That is the case for the Crown, My Lord/My
Lady.
3- i The Judge acknowledges this and asks the Defence to start its case.
[to Crown] Thank you Mr./Ms. _______.

[to Defence] Will the Defence begin?
4. The Defence’s Case

4- a The Defence Counsel now has an opportunity to call witnesses who
are helpful to the Defence’s case. If the accused is taking the stand,
he or she is normally the first defence witness.
4- b The steps followed are exactly the same as for the Crown witnesses.
DEFENCE : The Defence calls _________ to the stand.
The witness takes the stand.
CLERK: Will you state your name to the court,
please?
WITNESS: [gives full name]
CLERK: Do you swear the evidence you shall give
this court and Jury sworn between our

Handout
Sovereign Lady, the Queen, and the

accused shall be the truth, the whole truth,
and nothing but the truth so help you God?
WITNESS: I do.
4- c Defence Counsel examines the witness.
4- d Once the defence has completed the questioning of the witness, he or
she informs the Judge and asks the witness to answer the Crown’s
question.
DEFENCE: [to Judge] Those are all the questions that I
have of this witness, My Lord/My Lady.
[to witness] Will you please answer the
questions of my learned friend?
4- e The Crown questions the witness. When Crown Counsel has finished
the cross-examination of the witness, he or she informs the Judge.
The Judge excuses the witness.
CROWN: [to Judge] Those are all the questions that I
have of this witness, My Lord/My Lady.
JUDGE: [to witness] Thank you. You may step down.
4- f Steps 4- b to 4- e are followed for each witness that the Defence calls.
Once all the defence witnesses have been questioned, Defence Coun-
sel tells the Judge that the case for the defence is closed.
DEFENCE: That is the case for the defence, My Lord/My
Lady.
JUDGE: Thank you Mr./Ms. ___________.
5. Summations
5- a Judge will call a short recess (5 to 10 minutes) to allow the Crown and
the Defence to prepare their summations to the Jury.
JUDGE: Court will recess for _____ minutes.
CLERK: All rise. Court will resume in ____ minutes.
Everyone remains standing until the Judge leaves the courtroom.
5- b When the recess is over, the Clerk calls the court to order again using
a procedure that is similar to the original opening of court.
CLERK: All rise, this court is now in session.
Everyone stands. The Judge enters.

Handout
5- c The Judge asks the Defence to start.

JUDGE: If you are ready, Mr./Ms. _______, we will
begin summations.
DEFENCE: Thank you, My Lord/My Lady. [presents
summation to the Jury]
JUDGE: [to Defence] Thank you, Counsel.
[to Crown] Please proceed Mr./Ms.
___________.
JUDGE: [to Crown] Thank you, Counsel.
6. Charge to the Jury

6- a The Judge gives instructions to the Jury on its duty. The charge also
includes the general principles which must apply to criminal trials and
the things that the Crown must prove for this charge. Then, the Judge
asks the Jurors to go to the jury room to decide upon a verdict.
JUDGE: Ladies and gentlemen of the Jury, I am
going to ask you to retire to your jury room
now. Please appoint a foreman from among
your members who will deliver your verdict
after your deliberations are over, if you
reach a verdict.
6- b The court recesses while the Jury discusses the case.
JUDGE: Court will now recess.
CLERK: All rise, this court stands recessed.
Everyone rises and remains standing until the Judge and the Jury
have left the courtroom.
7. Returning the Verdict

7- a As soon as the Jury has reached a verdict, the foreman tells the Clerk
who informs the Judge. Court is reconvened and the Jury is called
back.
JUDGE: [to Clerk] Please call the Jury.

Handout
7- b The Jurors return and take their places in the jury box. The accused
and his or her lawyers stand to hear the verdict.
JUDGE: Ladies and gentlemen of the Jury, have you
reached a verdict?
The foreman rises to report the decision.
FOREMAN: Yes, we have reached a verdict, My Lord/My
Lady. We find the accused [guilty or not
guilty].
JUDGE: Thank you, members of the Jury. You are
now discharged.
7- c Jurors can now leave the courtroom or remain to hear the Judge’s
sentence if they found the accused guilty. If the Jury found the
accused not guilty, proceed to step 8-d to adjourn court.
8. Sentencing
8- a Before the Judge pronounces a sentence, he or she asks both the
Crown and the Defence to present information about the accused
which will help in reaching a fair sentence. The Judge will consider
things such as the character of the accused, any previous record,
letters of reference and so on.
JUDGE: [to Defence] Do you wish to speak to sen-
tence?
DEFENCE: Thank you My Lord/My Lady [gives informa-
tion].
JUDGE: [to Defence] Thank you Counsel.
[to Crown] Do you wish to speak to sen-
tence?
CROWN: Thank you My Lord/My Lady [gives informa-
tion].
JUDGE: [to Crown] Thank you Counsel.
8- b The Judge can now call a short recess while he or she decides on a
sentence for the accused.
JUDGE: Court will now recess for five minutes.
CLERK: All rise, court will reconvene in five min-
utes.
Everyone stands while the Judge leaves.

8- c The Judge returns, ready to sentence the accused.

Handout
JUDGE: You may be seated.

The accused and the Defence Counsel remain standing. Everyone
else sits down.
JUDGE: _________, you have been found guilty of
_____________, and I sentence you to
____________.
8- d Court is adjourned.
JUDGE: This court is adjourned.
CLERK: All rise, court is adjourned.
Everyone stands until the Judge has left the courtroom.
INDICTMENT
IN THE COURT OF QUEEN’S BENCH (CRIMINAL, JURY)

JUDICIAL CENTRE OF _____________
CANADA
SASKATCHEWAN
HER MAJESTY THE QUEEN

- AGAINST -
________________________
INDICTMENT
________________ of the City of ____________________, in the Province of Saskatchewan,

(name of accused)
stands charged:
that she/he, the said accused ____________________, on or about the ______ day
(name of accused)
of__________, A.D., 19__ at _______________, at the City of __________________, in the
(time of offence)
Province of Saskatchewan, did steal __________________, the property of_______________
of a value exceeding one thousand dollars, contrary to Section 334(a) of the Criminal Code.
Dated at the City of ______________, in the Province of Saskatchewan, this ______
day of _____________, A.D., 199__.
________________________________
(NAME OF CROWN PROSECUTOR),
Agent for the Attorney General
Province of Saskatchewan

Handout
Court Diagram
Judge Witness
Court
Clerk Jury
Reporter
Defence Crown Prosecutor
Accused

NOTES

NOTES

NOTES

LESSON three: Developing
roles and preparing for trial
A. Foreword
This lesson requires that students take primary responsibility for developing roles with the
teacher giving assistance to individual students or groups of students.
B. Objective
• identify the elements of theft
• research their particular roles and prepare for trial
C. Materials
• Case Outline
• The Law: Theft
• Role handouts
• for the Judge
• for the Jury Members
• for the Crown Prosecutor
• for the Defence Lawyer
• for the Court Clerk
• for the Witness
• Time chart
• Witness fact sheet - Dana Schroeder
• Witness fact sheet - Norman Greene
• Witness fact sheet - Officer Susan MacKenzie
• Witness fact sheet - Mark Wyler
• Witness fact sheet - Brad Pelltier
D. Procedures
a) Preview The Law: Theft

Using the information in the handout, The Law: Theft, go over with the students the definition of
theft according to the Criminal Code, what the Crown must prove to establish theft and options for sen-
tences should the Jury find the accused guilty.
THE LAW: THEFT

1. Theft
Section 322
1) Everyone commits theft who fraudulently and without colour of right takes ... anything ... with
intent,
(a) to deprive, temporarily or absolutely, the owner of it ... of his property.
Lesson Three: Developing Roles and Preparing for Trial 21

2. Punishment for Theft
Section 334
Except where otherwise provided by law, everyone who commits theft
(a) is guilty of an indictable offence and is liable to imprisonment for a term not exceeding ten
years ... where the value of what is stolen exceeds one thousand dollars.
3. Explanation of the Law

• “fraudulently and without colour of right” means that a person who took the object knew
that he or she had no right to remove it.
Elements of the Offence

The Crown must prove beyond a reasonable doubt:
• an object has been taken,
• the value of the object is greater than $1,000,
• the person who took it knew he or she did not own it, and
• he or she intended to take the object and to keep it from the owner, even if just for a short
time.
The phrase, “liable to imprisonment for a term not exceeding ten years”, indicates that ten years
in prison is the maximum sentence that the accused can receive if the verdict is guilty. As there is no
minimum sentence, the Judge is free to choose any sentence that he or she decides is appropriate for
the accused so long as it is not more than ten years imprisonment.
4. Case Law
Defence of Prank
In previous cases, some judges have found an accused person not guilty of theft because the
accused did not intend to commit theft, but rather committed the act as a prank. Other judges will not
accept the defence of prank.
b) Assign Roles
This kit has been designed so that all members of the class can actively participate in the mock
trial. The fact situation of this mock trial allows 23 students to play various roles. That number may be
adjusted, depending on the size of the class. The following are suggestions for selecting students to fit
particular roles:
22 Lesson Three: Developing Roles and Preparing for Trial

Roles Number of Students Section Note
Judge 1-2 Because a Judge is essential for a trial,

an alternate Judge ought to be selected
in case one Judge is absent. They
should be confident, thoughtful and able
to express his or her views well.
Crown Prosecutor 2-3 The roles of both lawyers require more

work than other roles; therefore, choose
Defence Counsel 2-3 students to act as Crown Prosecutor and
Defence Counsel. Both teams must meet
their respective witnesses in the prepara-
tion stage to make sure they have the
same understanding of the evidence.
Court Clerk 1-2 The Court Clerk is important in running

the trial and, as with the Judge, another
student should be selected in case the
Court Clerk is absent. The Court Clerk
needs a loud speaking voice.

Roles Number of Students Section Note
Witnesses 5 A profile is given for each of the witness-

es, but students playing those parts must
fill in the details to "become" the roles
Mark Wyler Defence Witness they play
Dana Schroeder Crown Witness
Officer Susan MacKenzie Crown Witness
Norman Greene Crown Witness
Brad Pelltier Defence Witness
Jury 12 The size of the Jury is flexible. If there

are more than 12 students, the teacher
may consider having two smaller juries so
that during the debriefing the juries can
compare verdicts and their reasons for
the decision.
Optional
Students could be selected to act as jour-

Journalist 1-2 nalists and report on the trial.
Courtroom Artist 1 Because no cameras are allowed in

court, a student with the ability to draw
may sketch the scenes of the trial.
c) Distribute Materials
Each student will receive different materials according to the role being played. Students should
not discuss the case with another one with the exception of the Crown and Defence lawyers and their
respective witnesses. The Jury should know nothing of the case before the trial. All the instructions
needed for each role are included in handouts to be given to students playing designated parts. The
teacher should read these handouts before distribution to better assist students in preparing for the trial.
The following is a material distribution chart to assist the teacher in ensuring students have the
correct materials:

Role Materials
JUDGE • For the Judge
• Trial Script
• Case Outline
• The Law: Theft
CROWN PROSECUTOR • For the Crown Prosecutor

• Trial Script
• Case Outline
• Indictment (4 copies)
• The Law: Theft
• Witness Fact Sheet • Dana Schroeder
• Witness Fact Sheet • Norman Greene
• Witness Fact Sheet • Officer Susan
MacKenzie
DEFENCE LAWYER • For the Defence Lawyer

• Trial Script
• Case Outline
• The Law: Theft
• Witness Fact Sheet • Mark Wyler
• Witness Fact Sheet • Brad Pelltier
• Witness Fact Sheet • Dana Schroeder
• Witness Fact Sheet • Norman Greene
• Witness Fact Sheet • Officer Susan
MacKenzie
COURT CLERK • For the Court Clerk

• Trial Script
JURY MEMBER • (one for each Jury member)

• For the Jury Member
• Trial Script
WITNESSES • (one for each witness and the accused)

• For the Witness
• Witness Fact Sheet (to appropriate
witnesses)
• Trial Script

Handout
CASE OUTLINE
1. Witnesses
Mark Wyler ............................................the accused

Susan MacKenzie ................................police officer
Dana Schroeder....................................the complainant
Norman Greene ....................................Schroeder’s neighbour
Brad Pelltier ..........................................Wyler’s roommate
2. The Crown’s Case

In this case, the Crown alleges that Mark Wyler committed theft over $1,000 when he entered
through the back door of Dana Schroeder’s house and took a television set, a video cassette recorder,
and stereo equipment belonging to Dana.
The Crown will call three witnesses to give evidence: Susan MacKenzie, the police officer who
attended the scene; Norman Greene, Schroeder’s neighbour; and Dana Schroeder the complainant.
Officer MacKenzie will testify that on June 27 she was called to investigate an alleged theft at
the home of Dana Schroeder. She will attest that in one corner of the living room there was an empty
wooden shelf unit and that on the shelves were five rectangular outlines surrounded by dust. Traced in
the dust were the initials “M.W.” Officer MacKenzie was later called to Wyler’s house where Wyler and
Schroeder were present. When MacKenzie arrived, Wyler and Schroeder were arguing. Schroeder
told the police officer that the stereo, VCR and TV sitting in the corner of the room were hers. Wyler
admitted at the time that this was true. Officer Mackenzie then arrested Wyler and informed him of his
legal rights.
Norman Greene, a neighbour of Dana Schroeder’s will swear that at approximately 12:30 a.m.
on June 22, he saw a person matching the description of Mark Wyler leave Schroeder’s house, rolling a
dolly loaded with large objects down the sidewalk, up a ramp, onto a half-ton truck and then drive away.
Dana Schroeder will attest that when she arrived home at about 10 a.m. on June 27, after
spending a week’s holiday in Calgary, she found her television set, video cassette recorder and stereo
missing. Schroeder immediately called the police who sent an officer to investigate. Later that day, she
received a phone call from Mark Wyler, a friend of hers, inviting Schroeder for supper. At Wyler’s
house, Schroeder noticed her TV, VCR and stereo sitting in the corner of his living room. She became
very angry with Wyler and telephoned the police. Schroeder will testify that although she at first was
upset with Wyler, she later believed that Wyler could have intended the theft as a joke. Schroeder will
also swear that Wyler often warned her that the locks on her house were not secure and that consider-
ing the large number of people who came to her parties, often unknown to Schroeder, her expensive
stereo equipment just wasn’t safe.

Handout
3. The Defence’s Case

The Defence will call two witnesses: Mark Wyler, the accused; and Brad Pelltier, Wyler’s roommate.
The Defence will allege that Mark Wyler took Schroeder’s equipment, but as a joke and to
prove to his friend, Dana Schroeder, that her house was not secure.
Pelltier will testify that he had discussed with Wyler, Wyler’s plans to take Schroeder’s stereo
while she was away on holidays. Pelltier had cautioned Wyler that Dana Schroeder would not take it as
a joke.
Wyler will swear that he entered Schroeder’s house by slipping a credit card through the latch
of the back door and took Schroeder’s television set, video cassette recorder and stereo, but meant it
only as a joke and to teach Schroeder a lesson. Wyler will also testify that he intended to invite
Schroeder to his house that day after he took her equipment to let her discover her missing things.
Wyler will attest that he phoned her the day of her return from her holidays and invited Schroeder for
supper. When she arrived for supper, Wyler tried to explain the joke, but Schroeder, who was very
upset, called the police.
In summary, the Defence will allege that Wyler took Schroeder’s television, video cassette
recorder and stereo as a prank to show Schroeder that the locks on her house were not secure, and he
had not intended to commit theft.

Handout
Officer MacKenzie
Susan MacKenzie has been with the police force for five years. At 10:27 a.m. on June 27, she
was called to investigate a theft at 446 Centre Street. She was invited into the house by Dana
Schroeder who was visibly upset.
Schroeder led the officer into the living room and showed her an empty shelf unit in the corner.
The complainant said that her television set, video cassette recorder and stereo equipment were miss-
ing. The officer asked her for the make and year of each piece of equipment. The stereo amplifier,
turntable, cassette deck and speakers were brand new AKAI models; the TV was a three-year-old RCA;
and the VCR was a Sharp purchased a year ago. Schroeder said that she had been away for a week
and had just returned that morning to discover her things were missing. When asked, she had no idea
who might be responsible.
Officer MacKenzie noticed there were five bare rectangles surrounded by dust on the shelf unit.
Traced in the dust were the initials “M.W.”.
At approximately 6:30 p.m. on the same day, Officer MacKenzie attended at 35 Railway Avenue
to further investigate the reported theft. The officer could hear raised voices coming from within the
house while approaching the front door. Dana Schroeder opened the door for Officer MacKenzie while
continuing to argue with a man standing in the living room. Schroeder told the officer that it was this
man, Mark Wyler, who had stolen her equipment which was sitting in the corner. The equipment was
the same models as earlier described by Schroeder. Wyler said to the officer, “I took her stuff for her
own good.” It was at this point that MacKenzie arrested Wyler for theft over $1,000 and informed him
of his right to legal counsel.

Handout
Dana Schroeder
Dana Schroeder is a twenty-five-year-old engineer who lives by herself in her own house at 446
Centre Street.
Dana Schroeder is a regular customer at “The Margarita”, a neighbourhood tavern where Mark
Wyler works. After closing time she often invites everyone at “The Margarita” to her house for a party.
Mark Wyler, with whom Schroeder is on friendly terms, has often commented that he thinks people are
just using her so they can party at her expense. Too many strangers come and go, and Schroeder’s
possessions could easily be stolen. Schroeder knows that Wyler really likes her stereo equipment and
therefore doesn’t take Wyler’s opinions about her house too seriously.
On June 27 at about 10:00 a.m., she arrived home after spending a week’s holiday visiting her
sister in Calgary. She went into the living room to put on a record when she discovered that her stereo,
TV and VCR were gone. She immediately phoned the police who arrived shortly afterward. She was
quite upset because she hadn’t any insurance.
About 2:00 p.m., Schroeder received a phone call from her friend, Mark Wyler, and she told him
what happened. He invited her to his place for supper saying she needed to get out of the house.
Shortly after she arrived at Wyler’s house, Schroeder discovered her equipment. She became
very angry with Wyler who was trying to pass it off as a joke. She accused him of being a thief and
called the police who came and arrested Wyler. Schroeder, after having cooled off, recognized that
Wyler may have intended the whole thing as a joke.

Handout
Norman Greene
Norman Greene, who lives directly across the street from Dana Schroeder, had just turned off
his T.V. at approximately 12:30 a.m. on June 22 when he noticed Mark Wyler leave Schroeder’s house
wheeling a dolly loaded with large objects. Wyler rolled the dolly up a ramp, onto a half ton truck and
drove away. At the time, Greene did not call the police because he had seen Wyler at Dana
Schroeder’s place many times before and had been introduced to him once. Besides, people were
always coming and going from Schroeder’s place at all hours of the day and night.

Handout
Brad Pelltier
Brad Pelltier is a twenty-one year-old taxi driver who lives at 35 Railway Street. He shares the
house with Mark Wyler with whom he has been friends since both were 10 years old.
Pelltier and Wyler often attend parties at Dana Schroeder’s place which tend to get a bit wild.
Frequently patrons from the local tavern end up at Schroeder’s after closing time.
On June 17, while Pelltier and Wyler were discussing Schroeder’s most recent party, Wyler told
Pelltier that Schroeder was foolish not to have dead bolts on her doors and locks on her windows.
Wyler said that Schroeder’s stereo could easily be stolen by someone who slipped a credit card in the
back door. He then began devising a plan to take Schroeder’s stereo to prove that it could be done.
Wyler said he would take advantage of the fact that Schroeder would be gone for a week. Pelltier cau-
tioned him that his plan might look like theft, but Wyler said “I’ll do anything for a stereo like that.”

Handout
Mark Wyler
Mark Wyler, twenty-one, is a bartender at “The Margarita” where Dana Schroeder is considered
a regular customer. Wyler, along with several people who work at “The Margarita”, usually go to
Schroeder’s parties. Often a hundred people are jammed into Schroeder’s house on a Saturday night.
Wyler, who has a keen interest in music and electronic equipment, has openly admired the state-of-the-
art stereo of Dana Schroeder’s and had indicated to her that if she ever wanted to get rid of it, he would
take it off her hands.
Wyler is concerned that Schroeder is practically inviting someone to steal her stereo. The locks
on her back door can be easily opened with a credit card. There are no locks on the windows.
Considering the large number of people who pass through the house and who are able to see the
expensive equipment, Wyler believes that the much admired stereo isn’t safe. He has told Schroeder
of this often, but she doesn’t agree with him.
On June 17, while Wyler and Pelltier were discussing Schroeder’s most recent party, Wyler told
Pelltier that Schroeder was foolish not to have dead bolts on her doors and locks on her windows.
Wyler said that Schroeder’s stereo could easily be stolen by someone who slipped a credit card in the
back door. He then began devising a plan to take Schroeder’s stereo to prove that it could be done.
Wyler said he would take advantage of the fact that Schroeder would be gone for a week. Pelltier cau-
tioned him that his plan might look like theft, but Wyler said he would take that chance for such a good
stereo.

Handout
FOR THE JUDGE

Assemble your materials. You should have:
• Trial Script
• Case Outline
As the Judge, you have the important role of making sure that the trial is fair. To do this proper-
ly, you must remain impartial. This means that you do not favour one side over the other and that you
give each side a fair chance to be heard. The Judge knows a lot about the law and holds a respected
position.
JUDGE
• keeps order in the court room,
• makes sure lawyers ask proper questions,
• informs the Jury what their duties are and how
the law applies in the case being tried, and
• passes the sentence on the accused if he or she
is found guilty.
Getting Ready for Trial

Think about the role that you are playing. What does it feel like to be a Judge? How would a
Judge act? What does it mean to be impartial? Reading these notes and discussing your duties will
help you to be your part.
Read through the following step-by-step outline of your tasks. When you have finished, there
follows a more detailed plan to assist you in creating your role and in preparing for the mock trial.
Task Outline
1. Review and think about the principles and rules which apply to a trial.
2. Study the trial script to learn the steps of the trial so that you may keep the process run-
ning in an orderly manner.
3. Study the case outline.
4. Study the law which applies to the offence as well as the copy of the Indictment which
you will receive from the Clerk. Identify all the elements of the offence which the Crown
must prove.
5. Write your charge to the Jury.
6. Study the possible sentence you could give the accused if found guilty.

Handout
Detailed Task Plan
1. Review and think about the principles and rules which apply to a trial.
(a) Re-read and study the first 1 1/2 pages of the handout, The Criminal Justice
System, noting the principles and rules of the trial.
(b) Here is a summary of the principles and rules that apply to a trial.
• it is more important that an innocent person be free than a guilty person be pun-
ished,
• the accused has a right to a fair trial,
• the accused is innocent until proven guilty,
• Judge and Jury must be impartial,
• it is up to the Crown to prove that the accused is guilty, not the Defence to prove
the accused is innocent,
• Crown must prove all elements of the crime “beyond a reasonable doubt”, and
• the accused has a right to a lawyer.
2. Study the trial script to learn the steps of the trial so that you may keep the trial running
in an orderly manner.
(a) Read the trial script. Note the basic steps and be prepared.
• tell people at the trial to act properly if they are not being respectful or courteous
• call a recess during the trial if you need to think about something or need help
from your teacher
(b) Review the section on the questions lawyers can ask at the trial which is on
the second page of The Criminal Justice System
• In summary, a lawyer may only ask questions of her or his own witnesses that
help witnesses tell their own story. On the other hand, one lawyer may ask the
other lawyer’s witness a pointed question in cross-examination.
WRONG (Defence asks Defence witness):

Was it then that you saw the accused run
from the building with the television set?
RIGHT (Defence asks Defence witness):

What happened next?
RIGHT (Defence asks Crown witness):

Were you going to go home directly after
the movie?
• Lawyers may not ask witnesses their opinion unless it expresses general knowl-
edge or the witness is an expert on the subject.
• Lawyers may ask questions only about what witnesses saw, not what they heard
second-hand from someone else.
RIGHT I saw a red convertible in front of the house.
WRONG Sarah told me she saw a red convertible.

Handout
3. Study the Case Outline.

(a) This is to help you understand, in general, the case to be tried.
4. Study The Law: Theft

(a) This outlines the law that applies to the offence and the Indictment, which you
will receive from the Clerk. Identify all the elements of the offence which the
Crown must prove.
(b) The Judge is the authority on the law and is expected to help the Jury under-
stand the law.
5. Write your charge to the Jury.

In his or her charge to the Jury, the Judge must tell them everything the Crown must prove to
the Jury to find the accused guilty. Also, the Judge explains how they must make their decision on the
verdict. You may use the following model to write your own instructions to the Jury:
Ladies and gentlemen of the Jury, the case before the court today involves a
matter of theft over $1,000. The Criminal Code describes this offence as “fraudulently
and without colour of right taking ... anything .. with intent to deprive, temporarily or
absolutely, the owner ... of the thing ...”. In other words, theft is the taking of an object
by a person who knows that he or she has no right to take the thing and who means to
keep the object from the owner for any period of time.
In this case before you, the Crown must prove that:

• a stereo, VCR and TV were taken from Dana Schroeder on June 22, 19__;
• the stereo, VCR and TV belong to Dana Schroeder;
• the stereo, VCR and TV. were taken by the accused, Mark Wyler; and
• the accused intended to take the TV, VCR and stereo, knowing that it did not
belong to him.
Each and every one of these four elements must be established on the facts
presented in this case.
As the Jury, it is your job to consider all the evidence and to determine whether
or not the Crown has proved that the accused committed the offence of theft. You must
be convinced beyond a reasonable doubt that the evidence proves all the elements of
the offence as I described them to you; this means that the facts which you believe to
be true must show that no other sensible explanation exists for the events in question.
If you decide the facts show that a stereo, TV and VCR belonging to Dana
Schroeder were taken from her home by the accused, you must consider whether or not

Handout
the accused meant to take the items by theft. You must determine if the facts show that
the intention of the accused was to steal the VCR, TV and stereo.
In making your decision, you may consider only the evidence that has been pre-
sented to you here in court. However, you are free to examine all of these facts and
decide which of them to believe. It is your task to determine the truth of the matter
based on the facts before you.
It is important, for you to remember that the accused is presumed to be innocent

until proven guilty and that the burden of proving the offence lies on the Crown. This
means that the Defence does not have to prove anything, while the Crown must estab-
lish each element of the offence convincingly, or beyond a reasonable doubt.
If you have a real doubt that any one of the elements has been proved, you
must find the accused NOT GUILTY.
If the facts presented in the case convince you that all the elements of theft have
been proved, so that you are certain that the accused committed the offence, you must
find the accused GUILTY.
6. Study the possible sentences you could give if the accused is found guilty.
The Defence and the Crown each get a turn to “speak to sentence” if the Jury returns a guilty
verdict. The lawyers will tell you facts about the accused and the crime which will help you to come to
a decision on an appropriate sentence.
Some of the things which you may consider include: the seriousness of the offence (the sen-
tence given in the Criminal Code is one clue to this); previous conviction of the accused; how a convic-
tion could affect the accused’s future; whether or not the sentence would prevent other people from
committing a similar crime or would prevent the accused from repeating the crime; the accused’s char-
acter and attitude. In general, you should consider what would be in the best interests of both the
accused and the community.
After considering all these things, you have the choice of these sentences:
• Absolute Discharge -You may decide that the accused has learned his or her lesson just
from being arrested and brought to trial. In that case probation, a fine or a jail term is not
necessary. If you grant an absolute discharge, the accused is not considered to have
been convicted of the offence.
• Conditional Discharge -The accused is placed on probation and will not be sentenced
further if he or she obeys all the conditions that you set. For example, some conditions
could be continuing to attend school or work, reporting regularly to a probation officer, or
staying away from certain people or places. If the accused breaks any of the conditions,
the sentence can be changed, but if all the conditions are met the discharge becomes
absolute. This means that the accused is not considered to have been convicted.
• Suspended Sentence or Probation -This sentence is similar in some ways to a condi-
tional discharge because you may impose the same kinds of conditions for probation.
However, the accused is convicted which means he or she has a criminal record.

Handout
• Fine -You may order the accused to pay a certain amount of money into court and set a
time limit for payment of this fine. Usually the accused will be given two weeks to pay the
fine.
• Imprisonment -This is the most serious sentence that you can order. In giving such a
sentence, you specify that the accused must go to jail for a certain length of time. The jail
term can be up to the maximum given for the office in the Criminal Code.

FOR THE CROWN PROSECUTOR
• Trial Script
• Case Outline
• Indictment (4 copies)
• The Law: Theft
• Witness Fact Sheet - Dana Schroeder
• Witness Fact Sheet - Norman Greene
• Witness Fact Sheet - Officer Susan MacKenzie
As lawyers for the Crown, you and your associates have the task of putting all the
facts against the accused before the court. The Jury can then decide whether or not the
law was broken and whether the accused is the person who committed the crime. Your
goal is to assist the court in finding out the truth about the crime so that the right person is
convicted, not necessarily to convict the accused person.
Getting Ready for the Trial

Think about the role that you are playing. How does it feel to be a Crown Prosecu-
tor? How would a Crown Prosecutor act? Reading these notes and discussing your
duties will help you to be the part.
Read the following step-by-step outline of your tasks. When you have finished,
there follows a more detailed plan to help you create your role and be well-prepared for
the trial.
Task Outline
1. Review the duties of a Crown Prosecutor.
2. Study the Trial Script to become familiar with trial procedure.
3. Read the Case Outline.
4. Examine the Indictment and The Law: Theft.
5. Read the witness fact sheets to decide which people you need to call to
establish the facts of your case. Review each witness’s testimony with him
or her.
6. Develop questions to ask your witnesses to bring out their stories and to
clarify the defence witnesses’ stories.
7. Prepare a summation to give to the Jury before they decide the verdict.
8. Be prepared to speak to the Judge about the sentence you think the accused
should be given if found guilty.

Detailed Task Plan
1. Review the duties of a Crown Prosecutor.

(a) The Crown Prosecutor must satisfy in the minds of the Jury that the accused
is guilty beyond a reasonable doubt. That is, there must be no other sensi-
ble explanation for what happened other than that the accused committed
theft. Through interviewing witnesses before the trial, examining and cross-
examining them during the trial, and summing up your case to the Jury
before they decide on the verdict, you must try to convince the Jury that the
accused is guilty. It is also important to recognize that your job is to ensure
that the accused gets a fair hearing.

(a) While you are reading the Trial Script, pay special attention to your parts.
Later, when you are preparing questions and summation to the Jury you will
know when to speak.

(a) This will give you a general idea of the facts of the case and what you and
the Defence lawyer believe happened.

(a) An Indictment names a criminal offence the police believe has occurred, the
time and date when it happened, and who is alleged to have committed the
crime. You have four copies of the Indictment. On all copies fill in the name
of the accused, the place where the incident occurred, and the time and date
of the events in the appropriate blanks. After you complete these forms and
sign them, give one copy of the Indictment and a list of the witnesses you are
calling to the Defence Counsel . Give two copies of the Indictment to the
Court Clerk, who will pass one copy to the Judge.
(b) Read the handout, The Law: Theft. As Crown Prosecutor, you will try to con-
vince the Jury that the facts show that Mark Wyler committed theft. This
requires that you prove to the Jury all the elements of theft. You will do this
by asking questions of the witnesses so that the facts showing those ele-
ments of theft are revealed.
5. Read the witness fact sheets to establish the facts of your case. Interview
each Crown witness so that you have the same understanding of the facts.
(a) When you interview the witnesses get information from them that will help
you prove all the elements of theft.

For example:
What happened? When? Where? Who was there? What did you see?
(b) Arrange the order in which you call your witnesses to the stand so that their
testimony tells the story of the events from beginning to end.
6. Develop questions to ask the Crown witnesses to bring out their stories and
to clarify the Defence witnesses’ stories.
Direct Examination
Your first task at the trial is to question your own witnesses. This is called direct
examination. Let each witness tell his or her own story and ask only general questions
such as: “Can you tell the court what happened next?”
Make sure that the eye witness identifies the accused in court. Ask the witness to
point out the person he or she saw or dealt with. For example:
CROWN: Is the person that you saw with the

bicycle in court today?
WITNESS: Yes.
CROWN: Can you point to that person?
WITNESS: Yes. [Witness points to accused.]
CROWN: Let the record show that the witness identi-

fied the accused as the person
she/he saw.
Tips for Examining Crown Witnesses

• Before your witnesses start relating their stories, have them identify themselves by
telling their full names and their occupations to the court. Next, confirm the date of
the events in question. (For example, ask, “Do you recall what happened on
August 27th, 1986, at approximately 9:00 p.m.?”)
• The witnesses should explain how they are connected to the incident. (For exam-
ple, “I am the police officer who investigated the complaint.” or, “I am the person
who saw the robbery and called the police.”)
• It is a good idea, especially on cross-examination, to ask a question only if you
know what the answer will be. That way, you are not surprised with information
that damages your case.
• Do not ask questions about matters that are unimportant or irrelevant (not related
to the elements of the offence). Once the witness gives you the facts you need,
go on to the next point otherwise you may confuse the Jury with the extra informa-
tion. Remember that you want to make all the facts of your case very clear to the
Jury.

Cross-examination
After the direct examination by Defence Counsel of a Defence witness, you have an
opportunity to ask questions of that witness. This is called cross-examination. You may
ask direct questions during cross-examination, but not during examination. By asking
questions, you try to get information which helps your case or which shows that the wit-
ness is not completely sure of the facts. During the trial, listen carefully and make notes
when the Defence witnesses give evidence. Cross-examine them on points where they
disagree with your witness or with each other, as well as on details favourable to your
case which they might have left out of their direct examination testimony.
Cross-examination of a witness is not always necessary. If the witness’s evidence
is clear and simple, it is best not to ask any questions since this only gives him or her an
opportunity to repeat the facts that hurt your case.
Tips for Cross-examining Defence Witnesses

Cross-examine when:
• the witness contradicts (disagrees with) what another witness says.
• you think that the witness is not telling the whole story and may have some facts
which support your own case or weaken the other.
• you think the witness may not be as sure of her or his facts as it sounds. For
example, if the witness testifies about seeing the culprit, you could ask if the
view was clear, if the witness’s eyesight is good, or if it was dark at the time.
Think about the case that the Defence is presenting. What evidence do you think
the Defence will bring up? Make sure your witnesses cover the points that the Defence is
likely to raise. Make questions for cross-examination.
7. Prepare a summation to give to the Jury before they decide the

verdict.
After all the Crown and Defence witnesses have testified, the lawyers give closing
statements to the Jury. The Defence summation is delivered first when they have called
witnesses.
In your own closing statement, outline the evidence which was presented in your
case and emphasize how these facts prove each element of the crime. Make a draft of
your summation before the trial starts, then you can add to it or change it as the case pro-
ceeds.
8. Be prepared to speak to the Jury before they decide a verdict.
Sentencing
If the Jury finds that the accused is guilty, the Judge will ask both the Defence and
the Crown to “speak to sentence”. In your speech, you tell the Judge facts about the
accused and the crime which will help him or her to decide on an appropriate sentence.
Some of the things which you might point out include: the seriousness of the crime (the

sentence given in the Criminal Code is one clue); how the community feels about this kind
of offence; the accused’s character and attitude; his or her previous record; and whether
he or she has any school or work responsibilities.
Check the law to determine whether there is a minimum or maximum sentence
given. Where only a maximum is stated, you may recommend any of the following:
• Absolute Discharge - You may decide that the accused has learned his or her
lesson just from being arrested and brought to trial, so that probation, a fine or
a jail term is not necessary. If the Judge grants an absolute discharge, the
accused is not considered to have been convicted of the offence.
• Conditional Discharge - The accused is placed on probation and will not be
sentenced further if he or she obeys all the conditions that you set. For exam-
ple, some conditions could be continuing to attend school or work, or reporting
regularly to a probation officer, or staying away from certain people or places.
If the accused breaks any of the conditions, the sentence can be changed, but
if all the conditions are met the discharge becomes absolute. This means that
the accused is not considered to have been convicted.
• Suspended Sentence and Probation - This sentence is similar in some ways
to a conditional discharge because the Judge can impose the same kinds of
conditions for probation. However, the accused is convicted which means he
or she has a criminal record.
• Fine - The Judge can order the accused to pay a certain amount of money into
court and set a time limit for payment of this fine. Usually the accused will be
given two weeks to pay the fine.
• Imprisonment - This is the most serious sentence that the Judge can order.
In giving such a sentence, the Judge states that the accused must go to jail for
a certain length of time. The jail term can be up to the maximum given for the
offence in the Criminal Code.

FOR THE DEFENCE LAWYER
• Trial Script
• Case Outline
• The Law: Theft
• Witness Fact Sheet - Mark Wyler
• Witness Fact Sheet - Brad Pelltier
• Witness Fact Sheet - Dana Schroeder
• Witness Fact Sheet - Norman Greene
• Witness Fact Sheet - Officer Susan Mackenzie
The task that you and your associates have as lawyers for the accused person is to
ensure that his or her rights and interests are protected. The Defence does not have to
prove anything. So your main purpose is to see that the Crown witnesses are certain of
their facts and that the Crown proves all of the necessary elements of the offence.

Think about the role that you are playing. How does it feel to be Defence Counsel?
How would Defence Counsel act? Reading these notes and discussing you duties will
help you to be the part.
Read through the following step-by-step outline of your tasks in playing the part of
the Defence lawyer in this mock trial. When you have finished, there follows a more
detailed plan to help you create your role and be well-prepared for the trial. Follow the
instructions carefully.
Task Outline
4. Read the witness fact sheets to decide which people you need to call in
order to establish the facts of your case. Review each witness’s testimony
with him or her.
5. Check the list of witnesses the Crown is calling and prepare some questions
to ask them on cross-examination.
6. Develop questions to ask your witnesses to bring out their stories.
7. Think about the questions the Crown might ask your witnesses and prepare
them for these questions.

8. Prepare a summation to give to the Jury which will be delivered before they
decide on a verdict.
9. Be prepared to speak to the Judge about an appropriate sentence if the

accused is found guilty.
Detailed Task Plan

(a) While you are reading the Trial Script, pay attention to your parts. Later while
you are preparing questions and your summation to the Jury, you will know
when to speak.

(a) This will give you a general idea of the facts of the case and what you and
the Crown Prosecutor believe happened.

(a) An Indictment is a document which names a criminal offence the police
believe has occurred, the time and date when the offence occurred, and who
is alleged to have committed the crime. Read the Indictment which you will
receive from the Crown Prosecutor.
(b) Read the handout entitled, The Law: Theft. The Crown Prosecutor will try to
convince the Jury that the facts of the case show that Mark Wyler committed
theft. This requires that the Crown Prosecutor prove to the Jury all the ele-
ments of theft. As Defence lawyer your purpose is to see that the Crown wit-
nesses are certain of their facts and that the Crown proves all of the neces-
sary elements of the offence. If the Jury has doubts about the facts or is
unsure that the Crown has proven all the elements of theft, they must find the
accused not guilty. Review the law and the elements of theft. Read carefully
the section, Defence of Prank.
4. Read the witness fact sheets to decide which people you need to call in
order to establish the facts of your case. Review each Defence witness’s
testimony with him or her.
(a) Although the Defence never has to prove innocence, it is to the accused’s
advantage to produce evidence that raises doubt in the minds of the Jury
about the accused’s guilt. Calling witnesses in defence of the accused may
be necessary to raise that doubt. Even though the accused is not required to
take the stand, the accused may volunteer to do so.
(b) Arrange the order of Defence witnesses you will call to the stand so that their
testimony best tells the story of what happened.
5. Check the list of witnesses the Crown is calling and prepare some questions
to ask them on cross-examination.

Cross-examination
Your first task at the trial is to cross-examine, or question, the Crown’s witnesses
after each has been examined by the Crown Prosecutor. The purpose of this cross-exami-
nation is to try to get information which helps your case or which shows that the witness is
not completely sure of the facts. It is a good idea to listen carefully as the Crown witness-
es give evidence so that you may question them if witnesses disagree with each other.
You may also question the Crown’s witnesses on details you know will be favourable to
your case which the Crown might have left out of their direct examination. Ask questions
which emphasize any inconsistencies in the witnesses’ testimony.
Cross-examination of a witness is not always necessary. If the witness’s evidence
is clear and simple, it is best not to ask any questions since this only gives him or her an
opportunity to repeat the facts that hurt your case.
Cross-examine when:
• the witness contradicts (disagrees with) what another witness says;
• you think the witness is not telling the whole story and may have some facts
which support your own case or weaken the other;
• you think the witness may not be as sure of her or his facts as it sounds. For
example, if the witness testifies about seeing the culprit, you could ask if the
view were clear, if the witness’s eyesight is good, or if it were dark at the time;
• especially on cross-examination, ask a question only if you know what the
answer will be. That way, you are not surprised with information that damages
your case.
Think about the Crown’s case. Prepare cross-examination questions as a guide for
the trial. In addition, you will need to prepare cross-examination questions during the trial
once you have heard the Crown witness’s testimony.
6. Develop questions to ask your witnesses to bring out their stories.
Direct Examination
After the Crown has called all its witnesses and closed its case, you may call your
witnesses to the stand to give their testimony. Let each witness tell his or her own story
and ask only general questions such as: “Can you tell the court what happened next?”
Do not ask questions about matters that are unimportant or irrelevant (not related to
elements of the offence). Once the witness gives you the fact you need, go on to the next
point otherwise you may confuse the Jury with extra information. Remember that you
want to make all the facts of your case very clear to the Jury.
Before your witnesses start relating their stories, have them identify themselves by
telling their full names and their occupations to the court. Next, confirm the date of the
events in question. (For example, ask: “Do you recall what happened on August 27th,
1990 at approximately 9:00 p.m.?”)
Finally, the witnesses should explain how they are connected to the incident. (For
example, “I am the police officer who investigated the complaint” or, “I am the person who
saw the robbery and called the police.”)
(a) Make a list of questions you will ask your Defence witnesses.

7. Think about the questions the Crown might ask your witnesses and prepare
them for questions.
(a) Put yourself in the position of the Crown Prosecutor. What questions might
he or she ask to help the Crown’s case? Tell your Defence witnesses what
the Crown might ask them.
8. Prepare a summation to give to the Jury before they decide on a

verdict.
Summation
After all the Crown and Defence witnesses have testified, the lawyers give closing
statements to the Jury. The Defence summation is delivered first when you have called
witnesses.
In your closing statement, emphasize all the places where the evidence conflicts
and where the Crown’s case is weak. Examine the evidence that the Crown presents and
point out to the Jury any of the elements which the Crown has failed to prove. Be sure to
tell the Jury that the Crown must meet a very high standard of proof, namely “beyond a
reasonable doubt.”
Make an outline of your summation before the trial starts, then you can add to it or
change it as the case proceeds.
9. Be prepared to speak to the Judge about an appropriate sentence if the

accused is found guilty.
Sentencing
If, despite your brilliant defence, the accused is found guilty by the Jury, the Judge
will ask both the Defence and the Crown to “speak to sentence.” In your speech, you tell
the Judge facts about the accused and the circumstances of the crime which will help the
Judge to decide on an appropriate sentence. You will want to stress the accused’s good
points: for example, that the accused is usually responsible and law-abiding; that he or
she feels very sorry about what has happened and would never do such a thing again;
that the accused is in school or has a job; that the crime was not a serious one; or, that
there were circumstances which partly excuse the accused’s
actions (only if any of these things are true!). Remember that the accused has been found
guilty, so do not try to argue the case over again, or claim that the accused is actually
innocent. Finally, letters of reference from people who know the accused can help to show
the good points of her or his character.
Check the law to determine whether there is a minimum or maximum sentence
given. Where only a maximum is stated, you may recommend any of the following:
• Absolute Discharge - The Judge may decide that the accused has learned
his or her lesson just from being arrested and brought to trial, so that proba-
tion, a fine or a jail term is not necessary. If an absolute discharge is granted,
the accused is not considered to have been convicted of the offence.

• Conditional Discharge - The accused is placed on probation and will not be
sentenced further if he or she obeys all the conditions that the Judge sets.
For example, some conditions could be continuing to attend school or work,
reporting regularly to a probation officer, or staying away from certain people
or places. If the accused breaks any of the conditions, the sentence may be
changed, but if all the conditions are met the discharge becomes absolute.
This means that the accused is not considered to have been convicted.
• Suspended Sentence and Probation - This sentence is similar in some ways
to a conditional discharge because the Judge may impose the same kinds of
conditions for probation. However, the accused is convicted which means he
or she has a criminal record.
• Fine - The Judge may order the accused to pay a certain amount of money
into court and set a time limit for payment of this fine. Usually the accused will
be given two weeks to pay the fine.
• Imprisonment - This is the most serious sentence that the Judge may order.
In giving such a sentence, the Judge specifies that the accused must go to jail
for a certain length of time. The jail term may be up to the maximum given for
the offence in the Criminal Code.

FOR THE COURT CLERK
• Trial Script
In your role as the Court Clerk, you act as an assistant to the Judge by helping to
ensure that the trial is run in an orderly fashion. You also make sure that the Judge has
everything she or he needs.

Think about the role that you are playing. How does it feel to be the Court Clerk?
How would a Clerk act? Reading these notes and discussing your duties will help you to
be your part.
The following is a step-by-step outline of your tasks to help you create your role and
be well-prepared for the trial:
1. Study the Trial Script to become familiar with the trial procedure. Special attention
should be given to your own parts so that you know when you have to speak.
2. Practice your parts.
3. The Crown will give you two copies of the Indictment against the accused. One
copy is yours so that you can read the charge to the accused and the other copy
is for you to give to the Judge.
4. Ensure that the Judge has everything he or she needs before the trial begins, such
as paper and a pen for taking notes. You should have a pen and paper, too, and a
book for the witnesses to swear their oaths.
Duties
Opening, Recessing and Closing Court

At the beginning of the trial, when the Judge is ready to enter, you call the court-
room to order. This task is also performed after every recess in the trial proceedings.
The Judge will tell you when a recess is to be taken so that you may announce the
break to the court.
Your final duty in the trial is to announce the closing of the court on the Judge’s
instructions.
Reading the Charge

Once the court has been called to order, the Judge will ask you to read the charge
to the accused. This involves reading the information on the Indictment which you will
receive from the Crown and then asking the accused how he or she pleads to the charge.
Swearing In the Witnesses

Before each witness gives any evidence in court, she or he must swear an oath (or
promise) to tell the truth. Your job is to read this oath to each witness when he or she
takes the stand to testify.

FOR THE JURY MEMBER
• Trial Script
As one of the twelve members of the Jury, you are involved in making a very impor-
tant decision. It is the responsibility of the Jury to determine from the evidence presented
in the case whether the accused person is guilty or not guilty of the named offence. The
Judge will instruct you about the law that applies to this case, but you and your fellow
Jurors must decide what the true facts are and whether these facts prove the Crown’s
case against the accused.

Think about the role you are playing. How would a Juror act and feel? What does
it mean to be impartial? Reading these notes and discussing your duties will help you to
be your part.
This is a step-by-step guide to assist you in creating your role and being well-pre-
pared for the trial:
1. Study the trial script to become familiar with the trial process and your part in it.
2. Review the duties of a Juror which is in the next section.
3. Think about listening to the evidence with an open mind.
4. Remember that you must listen carefully to all of the evidence and to the instruc-
tions from the Judge.
Duties
Keep an Open Mind.

It is very important that you, as a Jury member, remain impartial until the time
comes to decide on the verdict. In other words, you must not make up your mind about
the guilt or innocence of the accused until you have heard all the evidence which is pre-
sented by the Crown and the Defence lawyers.
Listening to the Evidence

During the trial, you must listen very carefully to the testimony given by all of the
witnesses. At the conclusion of the cases for the Crown and the Defence, the Judge will
give you important instructions concerning the nature of your duty and the things that you
need to consider. In this charge to the Jury, the Judge will also inform you about the law
which applies to the crime.
Choosing a Foreman
The Jury’s first task after you and your fellow Jurors retire to the Jury room to

decide on a verdict, is to select a foreman. Any one of the Jurors may be chosen to fill this
position. The foreman will deliver the verdict to the court on behalf of the Jury once a
decision is reached.
Deciding on the Verdict

During the deliberations (the process of discussing the evidence and reaching a
decision on the verdict) you and the other members of the Jury must decide what the facts
of the case really are, based on the evidence presented in court. If some of the evidence
shows a disagreement among the witnesses, you will have to determine which witness is
more believable or is more likely telling the truth.
If the facts that you believe to be true prove every element of the offence, you must
find the accused guilty.
If you have a doubt about any of the facts (if you think that the evidence shows
another possible and reasonable explanation) or if you feel that the Crown has not proven
a necessary element, you must find the accused not guilty.
The Jury’s verdict must be a unanimous decision which means that the Jurors all
have to agree on the accused’s guilt or innocence. In this mock trial, your teacher may
decide that a majority vote be taken after the Jury has had a chance to discuss the issues.
Delivering the Verdict

The foreman informs the Clerk once a verdict has been reached. The Judge, on
hearing that the decision has been made, will have the Clerk recall you and your fellow
Jurors to the courtroom. Once court is reconvened, the Judge will ask the foreman to
deliver the verdict.
Since the Jury’s task is now completed, the Judge will thank and dismiss the Jurors.

FOR THE WITNESS
• Trial Script
• Witness Fact Sheet (for your particular role)
You have been called to testify before the court as a witness because you have
some important information about the incident which took place. Your evidence concern-
ing the events helps the jury to decide whether or not the accused person has broken the
law.

Think about the part you are playing. How would this person act and feel? How
would your character dress and speak? Reading these notes and your fact sheet will help
you to be your character.
1. Study your fact sheet to learn all of the details of your story of the events. Imagine
how your character would feel about the incident.
• The fact sheet contains the details of your character’s part in the events sur-
rounding the incident which resulted in the charge against the accused. You
need to become very familiar with your story so that you can answer all the
questions that you may have to face in court.
• All the lawyers will know your story, but the lawyers who are calling you to the
stand may prepare you for the trial. They will do this by telling you about
questions that they think the other side might ask you.
2. Study the Trial Script to become familiar with the trial procedure. Special attention
should be given to the part about taking the stand.
Duties
During the trial, both the Crown and Defence lawyers will question you about the
events surrounding the possible crime. You are required to answer honestly all their ques-
tions even if you think your answer harms the case of the lawyers who called you.
When you are called to the stand to testify, the clerk will read you an oath, which is
a promise that you will tell the truth.
The questioning by the lawyer who calls you to the stand is known as direct exami-
nation. During this, try to tell your story as completely as possible from beginning to end
without any help or prompting from Counsel.
One of the lawyers for the other side will also question you, a procedure that is
called cross-examination. You must answer these questions clearly and truthfully, but
there is no need to do more than respond to the question that is asked. In other words, do
not give out more details than are necessary to answer the question properly.

d) Prepare for Trial
All the instructions needed for a student to prepare his or her role are included in
the handouts. Students sharing roles should work in groups. It is important for the teacher
to visit each group of students to assist them in preparation.
The teacher should first go through, with the students, the outline of the role hand-
outs so that they understand what they will have to do on their own.
Outline of Role Handout

1. Reminder of materials each student should have.
2. Brief description of duties.
3. Task Outline
• This is an overview of tasks to complete in preparing for the mock trial.
4. Detailed Task Plan
• This section includes the above overview of tasks and detailed instructions for
completing each task. [In the handouts for the witnesses, Court Clerk and
Jurors, the sections Task Outline and Detailed Task Plan are combined.]
5. Materials
• Be sure to distribute the correct handouts to appropriate students.
• It is important to inform students about time limits for the trial. You may wish to
distribute the Time Chart to them.
Time Chart
The following is a suggested timeline for the trial which may be adjusted. The
teacher should distribute the time chart to the students playing the roles. The teacher may
wish to act as time keeper or select a student for this role during the trial or act as time
keeper him or herself.
It is suggested that an uninterrupted period of 60-120 minutes be set aside for the
mock trial. You may wish to lengthen the times given and insert a recess.

l. Opening, Charge, and Plea ............................................................... 3 min.
2. Crown’s Case - Direct Examination by the Crown ....................... 10-15 min.

- Cross-Examination by the Defence ................... 5-7 min.
3. Defence’s Case - Direct Examination by the Defence ................. 10-15 min.
- Cross-Examination by the Crown .................... 5-7 min.
4. Summation - Defence ....................................................................... 3 min.
- Crown ....................................................................... 3 min.
5. Charge to the Jury............................................................................. 5 min.
6. Jury Deliberations............................................................................. 10 min.
7. Returning the Verdict ........................................................................ 2 min.
If Necessary
8. Speaking to Sentence - Defence ...................................................... 3 min.
- Crown ...................................................... 3 min.
If Necessary
9. Sentencing......................................................................................... 2 min.
64 - 78 min.

e) Other Activities
More time is required to prepare some roles than others. Jury members in particu-
lar will probably be finished preparing their roles earlier than other students. The following
are suggested activities for these students:
1. Design the Courtroom Set
Using the diagram of the courtroom as a guide, students may make a set for the
mock trial. Depending on the materials available, the set may take on a realistic quality
with cardboard, paper and paint. A table with a cardboard curtain painted to resemble
wood panels and set on a raised platform may become a Judge’s bench. A similar card-
board construction may be transformed into the dock where the accused sits and into the
jury box. A railing may separate the front of the courtroom from visitors watching the mock
trial.
2. Interviews
Students may interview real courtroom personnel and prepare a report on what it is
like to be a prosecutor, defence lawyer or court clerk.
3. Court Visit
If it can be arranged, have jury members attend a real jury trial. They may practice
their listening and observation skills.
f) Rehearsal
The teacher may wish to run through the Trial Script with students so they can
rehearse taking their places and speaking at the appropriate time. The substance of the
trial, presenting cases, questioning witnesses and summing up cases, should be left for
the actual mock trial. The purpose of the rehearsal is to make students more comfortable
with the procedure of the mock trial.

NOTES

NOTES

LESSON FOUR: CONDUCTING THE
TRIAL
A. Time Required
1 - 2 hours.
B. Procedure
• The teacher or designated student, perhaps the court clerk, may act as time keeper.
• Have visitors assembled in their places. You may wish to invite parents to attend.
• Witnesses may sit among the visitors until they are called and then return to their
places after they have been questioned.
• Lawyers should already be seated at their tables going over their notes. The Court
Clerk should do the same.
• Jury members enter and take their places.
• A student designated as Provost Officer may escort the accused to the dock. The
accused must stay in the dock at all times unless he is being questioned by the
lawyers when he will take the witness stand.
• The trial may then begin according to the Trial Script.
Lesson Four: Conducting the Trial 57

NOTES
58 Lesson Four: Conducting the Trial

LESSON FIVE: DEBRIEFING
A. Foreword
A debriefing session with the students is crucial to a mock trial. In defriefing, stu-
dents examine with critical eyes their accomplishments and experiences.
B. Objectives
Through discussion students will gain a more critical understanding of the criminal
trial process.
C. Suggested Procedures
a) Class Discussion
Debriefing is important to de-emphasize the feeling of there being winners and
losers. A great defence may not save an accused who has clearly broken the law. A good
attempt at prosecution may not convict an accused when a case is based on the believ-
ability of witnesses.
The following questions can become the focus for a class discussion:1
Sample Debriefing Questions
Attitudes
What did it feel like to play the role that you played?
Explain the importance of the various roles to a fair trial.
Did you believe the witnesses? The accused?
Do you think a trial is a fair way to decide disputes?
Do you think it is necessary to consider the accused “innocent until guilt is proven?”
Why or why not?
What changes would you make in the trial system if you had the power?
Knowledge
Personnel
Who is involved in a courtroom jury trial?
What is the main responsibility of each person?
Where do the various participants sit or stand?
1 Margaret Ferguson, (Ed), Mock Trial Kit, pp 14-15.
Lesson Five: Debriefing 59

Procedure
What was the charge against the accused?
How is court opened? Closed?
Who presents their case first? Why?
What are the elements of the crime that had to be proved?
• How did the Crown set about proving each element?
• Did the Judge clearly explain the Jury’s responsibilities?
What did the lawyers ask the accused and witnesses?
• Why?
• Should other questions have been asked?
• Should some questions not have been asked?
Did the Counsel effectively sum up each case for the Jury?
• What was the main point each made?
• What did the Judge decide for the sentence?
• Do you agree? Why or why not?
b) Comparison of Jury Verdicts
If two juries were chosen, have them compare their perceptions of the Crown’s case
and Defence’s case, the trial process and how they arrived at their verdicts.
60 Lesson Five: Debriefing

GLossary
Accused ..............................................The person who is charged with breaking a criminal

law and is brought before the court to be tried.
Beyond a Reasonable Doubt ............The facts presented in court must convince the jury
of the accused’s guilt, and the evidence must not
show any other sensible explanation of the events.
Burden of Proof ..................................The responsibility for proving all the facts of the
case. In a criminal trial, the Crown has the burden
of proof.
Charge..................................................A statement of the offence which the accused is

said to have committed. It would be set out in the
information, the indictment, and in any other form in
which a charge of an offence could be made
against an individual.
Charge to the Jury ..............................Instructions given by the judge to the jury at the
close of a case. The judge explains the law which
applies to the offence and what the jury’s task is.
Convicted ............................................An accused who is found guilty and sentenced by

the judge is said to have been convicted of the
offence. A convicted person will have a criminal
record.
Counsel ................................................A lawyer representing one of the parties at a trial.
Cross-Examination ............................see Examination.
Crown ..................................................The state or government. The Crown counsel or

Crown prosecutor is the lawyer who represents our
society at the trial.
Defence ................................................A defence is the accused’s answer to the charge

and ensures that his or her rights and interests are
protected.
Defence Counsel ................................Defence counsel represents the accused person

and ensures that his or her rights and interests are
protected.
Deliberations ......................................Discussion of the facts of the case by the jury so

that a verdict may be reached. The jurors deliber-
ate by themselves in the jury room.
Glossary i
Direct Examination ............................see Examination.
Evidence ..............................................The facts about the crime which the witnesses tell
the court, and any objects that support their state-
ments (such as the item that was stolen if the
charge is theft). The objects are introduced to the
court under the name “exhibits”.
Examination ........................................The questioning of a witness in court by counsel.

Direct Examination occurs when the lawyer who
calls the witness to the stand asks questions.
Cross-Examination is the questioning of the wit-
ness by the lawyer for the other side.
Exhibit ..................................................An object related to the crime which is brought

before the court as evidence.
Hearsay ................................................This occurs when a witness repeats in court what

someone else has said instead of telling what he or
she personally saw or experienced. This type of
testimony is not permitted.
Impartial ..............................................Showing no favour to either side. For the jurors,

this means not making up their minds about the
guilt or innocence of the accused until all the evi-
dence has been presented.
Indictable Offence ..............................(in-dite-able) The most serious kinds of acts are

indictable offences which usually have higher maxi-
mum sentences than summary offences. The
accused may generally choose to have a jury.
Indictment .......................................... (in-dite-ment) The official document which the

Crown uses to begin the trial process. It states the
charge against the accused.
Juror ....................................................One of the twelve people who make up the jury

with the responsibility of deciding the question of
the accused’s guilt or innocence.
Leading Question................................A question which tells or suggests the answer that

the witness should give. This type of question is not
allowed during the direct examination of a witness.
An example of a leading question is: “The car was
red, wasn’t it?” Counsel should say: “What colour
was the car?”
ii Glossary
Oath ......................................................A promise to tell the truth in court which is made by
a witness when he or she takes the stand.
Objection..............................................A request by a lawyer for the judge to decide

whether or not another counsel broke one of the
rules about questioning. (see also Overruled and
Sustained)
Offence ................................................Another word for a crime.
Overruled ............................................When one counsel believes the opposing counsel

has broken the rules, he or she raises on objection
to the judge. If the judge thinks the rule has not
been broken he or she says to the lawyer who
raised the objection: “Objection overruled”, and tells
opposing counsel to continue.
Plea ......................................................The accused’s answer to the reading of the charge.

This answer will be “guilty” or “not guilty”.
Prosecute ............................................To bring an accused person to trial on a charge.
Provost Officer ....................................R.C.M.P. Special Constable who is responsible for

escorting the accused in and out of the courtroom.
Sentence ..............................................The order made by the judge, if the accused is

found guilty, stating what is to happen to the
accused.
Summary Offence ..............................Less serious types of offences fall into this catego-
ry. Unless the law says otherwise, the maximum
sentence for a summary offence is a fine of $2,000
and/or imprisonment for six months.
Summation ..........................................A closing argument to the jury made by the Crown

and the defence counsel. Each side outlines the
evidence that was presented and stresses how it
proves or does not prove the case against the
accused.
Sustained ............................................When one counsel believes the opposing counsel

has broken the rules, he or she raises an objection
to the judge. If the judge thinks the rule has been
broken, he or she says to the lawyer who raised
the objection: “Objection sustained”, and tells the
opposing counsel to stop.
Glossary iii
Testimony ............................................The evidence given by a witness in court under
oath.
Witness ................................................A person who is called before the court to give evi-
dence because he or she has information related to
the crime.
iv Glossary
resource list
Craig, Rick, et. al. Mock Trial: Regina vs. Brogue #2. Vancouver: Legal Services
Society, 1986.
Gallagher, Arlene F. The Methods Book. Chicago: Law in American Society

Foundation, 1975.
Jordon, Kim and Glenn Hayes. Jack and the Beanstalk: Mock Trial Activity Kit.
Winnipeg: Community Legal Education Association, 1986.
Mock Trial Kit, 2nd Ed. Margaret Ferguson, (Ed.) Edmonton: Legal Resource Centre,
1984.
Pateman Wilkins, Deborah. Before the First Day: Teaching Law for the First Time.
Toronto: Canadian Legal Information Council, 1982.
Resource List v

R V Wyler - Mock Trial and Intro Plans

Uploaded by

Copyright:

Available Formats

R V Wyler - Mock Trial and Intro Plans

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

R V Wyler - Mock Trial and Intro Plans

Uploaded by

Copyright:

Available Formats

r. v.

Wyler: a mock trial kit

Reformatted from the original 1987 text with minor changes.

PLEA is a non-profit, non-government organization funded by the Law Foundation of

Contents may not be commercially reproduced, but any other reproduction is

© 1991 Public Legal Education Association of Saskatchewan, Inc.

USING THIS MOCK TRIAL KIT

THE MOCK TRIAL KIT AT A GLANCE

Purpose Procedure Resources

• discussion • The Criminal

Lesson Three • to have students 1. Preview the law

Lesson Four • mock trial

Lesson One: The Criminal Justice System and Trial - Principles 3

• the Judge is impartial

4 Lesson One: The Criminal Justice System and Trial - Principles

THE CRIMINAL JUSTICE SYSTEM

2. Rules and Procedures

Lesson One: The Criminal Justice System and Trial - Principles 5

6 Lesson One: The Criminal Justice System and Trial - Principles

8 Lesson One: The Criminal Justice System and Trial - Principles

• Jury Trial Outline

Lesson Two: Introducing the Trial 9

JURY TRIAL OUTLINE

JUDGE: Thank you, Mr./Ms. __________________.

10 Lesson Two: Introducing the Trial

2. Charge and Plea

2- a JUDGE: [to Clerk] Please read the charge.

3. The Crown’s Case

Lesson Two: Introducing the Trial 11

3- d Crown begins questioning the witness. Defence Counsel must listen

[to Crown] Thank you Mr./Ms. _______.

4. The Defence’s Case

12 Lesson Two: Introducing the Trial

Sovereign Lady, the Queen, and the

JUDGE: Thank you Mr./Ms. ___________.

JUDGE: Court will recess for _____ minutes.

CLERK: All rise. Court will resume in ____ minutes.

Everyone remains standing until the Judge leaves the courtroom.

CLERK: All rise, this court is now in session.

Everyone stands. The Judge enters.

Lesson Two: Introducing the Trial 13

5- c The Judge asks the Defence to start.

6. Charge to the Jury

7. Returning the Verdict

CLERK: All rise, this court is now in session.

JUDGE: [to Clerk] Please call the Jury.

14 Lesson Two: Introducing the Trial

Everyone stands while the Judge leaves.

Lesson Two: Introducing the Trial 15

JUDGE: You may be seated.

IN THE COURT OF QUEEN’S BENCH (CRIMINAL, JURY)

HER MAJESTY THE QUEEN

________________ of the City of ____________________, in the Province of Saskatchewan,

16 Lesson Two: Introducing the Trial

Defence Crown Prosecutor

Lesson Two: Introducing the Trial 17

18 Lesson Two: Introducing the Trial

Lesson Two: Introducing the Trial 19

20 Lesson Two: Introducing the Trial

a) Preview The Law: Theft

of the City of ____, in the Province of Saskatchewan,