Understanding Court and preparing for Mock Trial

Plea Bargaining happens after a formal investigation leads to an arrest and charge(s) but before court trial begins. The
accused agrees to settle with conditions, often reduced charges and/or reduced sentence. Approx. 90+% of criminal cases
possibly involve attempts to plea bargain. From the defendant’s perspective additional advantages include: save some
money on lawyer fees, return to family/life sooner, quicker closure and reduces “over-charging” by police. Some
disadvantages include: giving up the right to a fair trial and a chance for acquittal and no chance for appeal. From the
Crown/public’s perspective, advantages include: reduces backlog in court and prisons, reduces time/effort required for full
trials, save tax payer money, justice is still served, accused serves some punishment, reduces witness/victim/victim family
suffering. The disadvantages for the Crown are that justice is not seen by the public, may lead to the concealment of other
wrong doings and gives the impression that justice can be negotiated.

Q. Overall, do you think Plea Bargaining is a positive tool or a negative tool? Discuss.

Fundamental principles of Canada’s Justice System: 1. All people are innocent until proven guilty AND 2. the guilt must be
proven beyond a reasonable doubt. The burden of proof is on the Crown to prove Actus Reus and Mens Rea.
If there is doubt= “not guilty” verdict!
Court Roles
Jury panel
Jury panel

Match the court roles. Using the word bank provided. Note: several descriptions corresponding to one role. p.169
Judge Justice of the Peace Duty Counsel Sheriff Defense Counsel
Crown Attorney Court Clerk Court Reporter Court Security Officer

• Makes decisions on the admissibility of evidence. ___________________________

• Interprets the law pertaining to the case. __________________________________
• Has less authority than judge but can issue warrants and other judicial functions.
______________________
• Is the lawyer who defends an accused person on trial. __________________________
• Responsible for instituting legal proceedings against the accused. __________________________
• Court official who assists the judge by administering oaths and performing other duties.
___________________
• Court official who monitors the recording of every stated in court during the trial.
________________________
• Court official responsible for jury management. _______________________________
• Court official who maintains security in the courtroom. __________________________________
• Controls events in the courtroom. ____________________________
• Is the lawyer on duty in a courthouse or police station who gives free legal advice to persons just
arrested or brought before the courts. ____________________________
• Is the lawyer representing the government and society. _______________________________

The Role of the Jury p. 172-174

A jury is composed of 12 citizens from the community. (similar concept from ancient Greece!)
Potential jurors will first receive Form 1 “ Questionairre about qualifications for jury service”. Under the Juries Act, you are
legally required to mail your simple answers back in a timely manner. The forms are in both official languages with contact
information for further questions. Additional pages explain qualifications and exemptions. Sample of English questions.
If qualified, your information is entered into a random jury roll. It is illegal and punishable to lie on forms. Don’t stress- you
have not been called to serve yet.
Qualifications: you must be a Canadian citizen, 18+ years of age and a resident of the province for at least 1 year.
Jury Duty Exemptions: (excused from civic duty) publicly elected politicians, justice system employees (lawyers, prison
guards, probation officers, etc.), religious observances, health issues, family issues (sole care giver for special needs,
seniors, breastfeeding newborn, etc.) financial hardship (self- employed), essential services (front line workers), if already
served on a jury within the past 2 years.

Q. Do you agree or disagree with juror qualifications? Discuss.

Next, (at any stage of your life) you may receive another letter called a Juror SUMMONS. It will state which courthouse
location, time and date you must attend and details about FAQs and exemptions. You will likely sit in a room with 50—500
people and wait to be randomly called or dismissed. Mathematically, you will not likely be selected- lawyers must only pick
12 for the jury panel!
Empanelling the Jury
Peremptory Challenge: lawyers can exclude someone from a jury for a specific reason. (unlimited)
Challenge for Cause: lawyers can exclude someone from a jury without providing a reason. (limited)
*** 1st degree murder=20, 5 years prison sentences=12, under 5 years = 4
Selected jurors will take an oath to give a true verdict based on the evidence.

https://youtu.be/CpN6XYHXFfQ- The problems with empanelling the Jury

Lawyers get access to name, occupation, address of potential jurors and from this, they make other inferences. It is illegal
in Canada for lawyers to research or contact jurors. It is also illegal in Canada for jurors to talk about the case with others,
during and even after the trial. (Studies have shown that Jurors can develop PTSD from their duties but they aren’t allowed
to talk about the case in Canada. In the USA, a juror could write a tell all book and profit from their experience!)

Factors to consider for jury selection- warning: this American research can change a society changes! Make inferences
carefully…predicting human attitudes is not a perfect science.

Age: young people may be more flexible in their beliefs than older people.
Wealth: tend to be more sympathetic to the Crown.
Occupation: gives clues about a person’s lifestyle, level of education etc.
Name: gives clues about nationality, gender.
Gender: Women statistically sympathize more with the accused. Unemployed males between 20-30 tend to
sympathize with the accused. Titles such as Mrs. Miss and Ms. Used to give clues about marital status or
conservative or liberal values but now just the name appears on juror documents.
Address: a legal team could easily figure out what type of dwelling and location and guess socio-economic level.

Jury Empanelling (simulation activity): A professional basketball player from Eastern

Europe, age 28, who has lived in Canada for the past 10 years has been charged with
the murder of his Canadian born wife, aged 27, after he came home drunk and
stabbed her repeatedly. The wife successfully worked at a prestigious law firm. The
accused lost his lucrative contract with the Toronto Raptors who are choosing to not
re-sign him after his current contract expires.
 Fake list of potential jurors for this activity
Name
Type of dwelling
Occupation
Age
Craig Edwards
Bungalow, suburbs
Semi-pro basketball player
25
Hossein Khan
Duplex, city centre
Convenience story owner
50
Paul Feldman
Mansion, suburbs
Sport store owner
35
Joan Hunter
apartment
secretary
25
Sam Anishinaabe
Apartment, industrial area
Truck driver
60
Minole Khani
Student housing
University student
20
Lina Mazzilli
Penthouse condo, city centre
retired
65
Jakub Ivanov
Bungalow, farm
unemployed
30
Renee Gagnon
2 story house, city limits
Sports announcer
50
Ed Yee
Apartment, city limits
teacher
35
Q. Imagine you are a Crown Attorney and you must select jurors who can identify with the victim. 7 jurors have already
been selected by you and the defence and you are struggling to pick the remaining 5 in order of preference.
1.
2.
3.
4.
5.

Summary of the stages in a criminal trial with judge and jury (& Mock Trial)
1. Judge is introduced by the clerk saying “All rise for honourable _________“ to enter.
2. Accused is arraigned
3. Jury is selected
4. Judge asks jurors to appoint a foreperson
***a 13th juror alternate is selected in case of replacement at a later time due to personal illness/issues
5. Crown and Defence introduce themselves and their “team”
6. Court Clerk reads the indictment.
7. Crown Prosecutor presents opening statements/……..
8. Crown direct examination 1st witness …….
***Witness states what they observed.
*** Lying under oath is called PERJURY- illegal & punished if caught!
9. Defence cross examination of 1st witness
***purpose is to test the accuracy of evidence given by the witness and point out contradictions
to the jury and show weakness in the Crown’s case.,,mmmmmmmmmmm
10. Crown direct examines other witnesses and Defence cross examines each.
***Repeat as necessary based of # of witnesses……………mmmm
11. Defence can bring a motion for dismissal. ,,,,,,,,
***If judge agrees, they enter a directed verdict of not guilty. If not, trial continues.
12. Defence presents opening statements (note: this occur after the crown presents ALL of their
testimony. Most common Mock trial error in grade 11),lllllll
13. Defence direct examines witnesses
14. Crown cross examines each witness immediately after defence direct exam
15. Crown rebuts (not for class mock trial due to time constraints)
16. Defence presents surrebuttal (not for class mock trial due to time constraints)
17. Counsel delivers closing arguments.
18. Defence gives summation 1st. ***Crown would close1st if defence has not called witnesses
19. Judge gives charge to the jury: judges explanation to jurors about how the law applies to
the case.
***This has been turned in to a fill in the blank “script” in recent years due to the number of
defence appeals claiming judge’s instructions were unclear.
20. Jury deliberates (sequestered- isolated in a room from media and public influence, with 12
strangers, and possible have to spend nights in a hotel away from family. A jury that cannot reach a
unanimous verdict is called a Hung Jury. The case is re-tried. Due to the time and costs, this is a
last resort. Extremely rare!!!
21. Jury returns verdict (must be unanimous- 12 strangers must all agree)
22. Judge gives sentence (from the bench) based on fact and law not personal opinion/bias.
***The judge must assign punishment within the range set out in the Criminal Code of Canada.

Q. What is the difference between a direct exam and a cross exam?

Q. Why do you think the judge has to follow a template for instructions to the jury and select from a range of pre-determined
punishments?

Q. What stresses are involved in Jury Duty? (from the time you receive the questionnaire through the reaching the final
verdict and return to regular life?

COMPLETE THE “COURT” CHECKPOINT under D2L Brightspace Quizzes.

OPTIONAL TASK: watch classic, award winning black and white film with Henry Fonda entitled 12 Angry Men.

The Rules of Evidence p. 175

During trial, the Crown or Defence may object to questions asked by opposing counsel (often refered to as “My Friend”) The
judge will rule on whether the evidence is “admissible” sometimes by stating the objection is “overruled’ or “sustained and
the question/evidence is “withdrawn”. Btw…there is no gavel!!!

GROUNDS FOR OBJECTION:

• Leading Questions: suggests a specific answer to the witness is not permitted in DIRECT
EXAMINATION unless it is an unimportant matter. Ie. “You are 21 years old, aren’t you?”. Questions must be
worded/re-worded to allow the witness to answer with more than just a ‘yes’ or ‘no’ response. Leading questions
are permitted in cross-examinations.
• For example, “Wasn’t it Tomas you saw holding the knife and stabbing Ali?
• The reworded question could be something like “What did you see Tomas do to
Ali?

Q. Make change(s) to the statement below in order to make it admissible in court during a direct exam of the defence
witness:

Defence Attorney: “Did the police spin you around by the arm and violently pin you down to make the arrest?”
_________________________________________________________________________
_________________________________________________________________________
__
• Hearsay Statements: evidence given by a witness based on information received from someone
else rather than personal knowledge. Ie. “Amaste told me that she saw Tomas stab Ali with a knife.” A lawyer may
 object and testimony ruled inadmissible if the witness is giving information that was not directly seen first hand/eye-
witness.

• Opinion Statements: a witness’s opinion about a matter is inadmissible unless they are a
recognized expert. Ie. A witness can describe a car seen at the crime but only an expert auto mechanic can give
an opinion about the condition of the car’s breaks.

• Immaterial or Irrelevant Questions: questions must have a direct connection to the case and not
simply pry into a person’s personal life.

• Non-Responsive Answers: a witness must answer the question asked. Vague, unclear or off topic
answers can be re-directed by the judge at the lawyers request. Witnesses cannot nod their head to answer. It
must be verbal and entered onto the court transcript.
Other Types of Evidence p.177
• Direct Evidence: eye witness testimony to prove an alleged fact. A lawyer can object or disprove by
bringing question the credibility of what the witness observed. Ie. The witness wasn’t wearing their eyeglasses at
the time or lighting conditions made it difficult to see.
• Circumstantial Evidence: indirect evidence that leads a reasonable inference about the defendant’s
guilt in combination with other evidence. Not as reliable as eye witness testimony. Ie. Someone was the accused
person in the area at the time the offence was committed but didn’t actually see them do it.
• Character Evidence: establishes the likelihood that defendant is the type of person who would or
would not commit a certain offence. Generally, the Crown cannot attack a persons character unless is directly
connected or related to past convictions in relation to truth and credibility. On the other hand, the Defence is
permitted to introduce evidence of good characteristics but once introduced, the Crown can rebut.
• Electronic Surveillance: wiretapping and bugging etc. is admissable in court only if a Judge
authorizes its use before the technology is actually use or if a person consented to be recorded in advance.
• Polygraph Tests: (lie detector) allows a skilled examiner to detect physical signs of deception but
there is room for interpretation and error so it is not admissible in court but anything said during the interview is.

*** A Voire Dire is a mini trial taking place during the trial to determine if a piece of evidence is admissable.
The Jury is removed from the courtroom during this process. The judge will determine if all, some or none
of the evidence is admissible. Then jurors return and trial resumes.

CHECKPOINT TO BE COMPLETE IN D2L Brightspace “QUIZZES” (sample below)

i. Indicate the type of evidence the speaker is giving in each of the statements using the word bank below.
ii. highlight/bold or underline if the type of evidence is allowed or not allowed.

Leading Questions Hearsay Statements Opinion Statements

Irrelevant Questions Direct Evidence Polygraph Test
Electronic Surveillance Circumstantial Evidence Character

1. Crown direct exam of Police Constable: “Isn’t it true, officer, that you saw the accused holding the knife that was used to
stab the victim earlier that night of the 2 nd of May?”
______________________________ Allowable Not allowed

2. Witness is a police officer: “I obtained authorization to tap the line from a Justice of the Peace at 6 p.m. April 5 th.
_______________________________ Allowable Not allowed

3. Witness is a doctor: “I believe the wound was caused by a sharp instrument, such as an ice pick.”
_______________________________ Allowable Not allowed
4. Witness: “After hitting the child, the accused got out of his car. He seemed to wobble and be unsteady on his feet
probably from alcohol or marijuana or something.”
_______________________________ Allowable Not allowed

5. Witness: “I saw the accused strike the bartender with the chair.”
_______________________________ Allowable Not allowed

6. Witness: “I saw the woman running near the bank that had been robbed.”
______________________________ Allowable Not allowed

7. Crown Attorney: “We wish to introduce evidence that, within the last year, the accused committed offences similar to that
for which he is now on trial.”
______________________________ Allowable Not allowed

8. Witness: “The owner of the store told me she stole packs of cigarettes on other occasions too.”
______________________________ Allowable Not allowed