1/26/081/26/08BR- Who is the BR- Who is the

defendant in defendant in this case?this case?

Today: Beginning the Mock Trial Case..Today: Beginning the Mock Trial Case..

If you were asked to prove If you were asked to prove something how would you do it?something how would you do it?

As a small group come up with something that you As a small group come up with something that you want to prove. (make it up!) be sure to include want to prove. (make it up!) be sure to include the necessary elements.the necessary elements.

You will be asked to present your case.You will be asked to present your case.

What is your What is your burden of proofburden of proof ? Would a changing ? Would a changing burden of proof affect how you would present burden of proof affect how you would present your case? your case?

What are the elements that must What are the elements that must be proved?be proved?

Plaintiff-Plaintiff-

Defense-Defense-

Look at the trial information, “The Litigation Look at the trial information, “The Litigation Process” in the back of the packet.Process” in the back of the packet.

This takes you through every step of the trial.This takes you through every step of the trial.

-Do you understand the difference between direct -Do you understand the difference between direct examination and cross examination?examination and cross examination?

Do you have?

A Folder? Case Packet Assignment from Thursday?

There are 21 total parts in the There are 21 total parts in the Mock Trial CompetitionMock Trial Competition

- 5 Attorneys for the Plaintiff and 5 Attorneys for - 5 Attorneys for the Plaintiff and 5 Attorneys for the Defense.the Defense.

- Witnesses for the - Witnesses for the plaintiffplaintiff::

- Witnesses for the - Witnesses for the defensedefense::

- Deputy Sheriff (bailiff)- Deputy Sheriff (bailiff)

Each Person Should have a dedicated Each Person Should have a dedicated trial binder with the following:trial binder with the following:

(Some of these you’ll be getting soon)(Some of these you’ll be getting soon)

1.1. Your case packet.Your case packet.

2.2. The trial calendarThe trial calendar

3.3. ““Mock Trial Procedural Overview”Mock Trial Procedural Overview”

4.4. Evidence “Cheat Sheet”Evidence “Cheat Sheet”

5.5. A copy of the mock trial rulesA copy of the mock trial rules

6.6. A copy of the penalty pointsA copy of the penalty points

7.7. A copy of the Circuit court guidelinesA copy of the Circuit court guidelines

8.8. ““Persuasion at Trial”Persuasion at Trial”

9.9. Any written work that you do and we hand back.Any written work that you do and we hand back.

Honors Credit OptionHonors Credit Option

I am always open to ideas for how to qualify for I am always open to ideas for how to qualify for honors credit for this class. If you have an idea honors credit for this class. If you have an idea see me now. You must tell me by see me now. You must tell me by February 6February 6 if if you are going for honors credit.you are going for honors credit.

Option - 1: Keep a daily trial journal. In this journal Option - 1: Keep a daily trial journal. In this journal you discuss what happened each day, what you you discuss what happened each day, what you are working on, what’s going on (like a diary.) are working on, what’s going on (like a diary.) After the trial is over, write a 5 page (typed, After the trial is over, write a 5 page (typed, double-spaced, 12pt. Font) paper that discusses double-spaced, 12pt. Font) paper that discusses what you learned during the experience.what you learned during the experience.

Elements of a CrimeElements of a Crime

The elements are the conditions that must be The elements are the conditions that must be present in order for that crime to have been present in order for that crime to have been committedcommitted

For example; the elements of a cheeseburger For example; the elements of a cheeseburger are at least 1 cooked ground beef meat patty, are at least 1 cooked ground beef meat patty, covered with some sort of cheese, and placed covered with some sort of cheese, and placed between 2 slices of bread or bun.between 2 slices of bread or bun.

Minus any of these elements means you do not Minus any of these elements means you do not have that thing - i.e. No cheese=no have that thing - i.e. No cheese=no cheeseburger.cheeseburger.

Elements are broken down into..Elements are broken down into..

There are two things that have to be proven in a court of law There are two things that have to be proven in a court of law before it will convict someone of a crime:the before it will convict someone of a crime:the actus reusactus reus and and the the mens reamens rea of an offense as set out in the Criminal code. of an offense as set out in the Criminal code.

1.1. Actus reusActus reus (prohibited acts) - the guilty act or guilty (prohibited acts) - the guilty act or guilty omission. An act is doing something that you shouldn't and omission. An act is doing something that you shouldn't and an omission is not doing something that you should have.an omission is not doing something that you should have.

2.2. Mens reaMens rea (criminal intent) - the guilty thought or mind. This is (criminal intent) - the guilty thought or mind. This is either having the intention to do something like murder or either having the intention to do something like murder or theft, or you can have the mind to be reckless.theft, or you can have the mind to be reckless.

3. 3. CausationCausation

There is a link between what a person did and There is a link between what a person did and what happened.what happened.

4. 4. ConcurrenceConcurrence

Actus reusActus reus, , mens reamens rea, and causation occurred at , and causation occurred at the same time.the same time.

Specific forms of mens rea:

General Intent The accused need not have planned to commit the offence or cause the act. The accused need only commit the wrongful act.

Specific Intent A criminal offence that was committed with awareness of the act by the accused.

Recklessness The accused paid no heed or regard to the injurious outcome their actions may have on others.

Willful Blindness The accused purposely fails to consider the potential of their actions being criminal out of a desire to not know the truth.

Elements of CrimeElements of Crime

Look at the chart: notice the different elements Look at the chart: notice the different elements for crimes. for crimes.

Are there crimes that have similar elements?Are there crimes that have similar elements? What are material circumstances?What are material circumstances?

EXIT SLIPEXIT SLIP

1.In your own words describe what is meant by the 1.In your own words describe what is meant by the “elements” of a crime.“elements” of a crime.

2. Describe the difference between 2. Describe the difference between mens reamens rea and and actus reusactus reus

Homework: Look at the elements of the crime that Homework: Look at the elements of the crime that the defendant is charged with. Go back and read the defendant is charged with. Go back and read the case again so see what evidence goes with the case again so see what evidence goes with which element.which element.