MOCK TRIAL

WHAT IS LAW?Law is a set of rules and regulations made and enforced by the government that regulates the conduct of people within a society.

Goals of our legal system: Protecting our basic freedoms Promoting fairness Helping people avoid and resolve conflict Promoting order and stability. Representing the will of the majority. Protecting the right of the minorities (KKK, Same-gender marriages,

African-Americans, other minority groups)

2 MAJOR GROUPS OF LAW• Criminal:• Regulates public conduct• A criminal case is a legal action brought by the government

against a person charged with committing a crime.• Divided into 2 types:• Misdemeanors –• Felonies –

• Civil:• Regulates relations between individuals or goups.• Civil cases regulate many everyday disagreements (ex: divorce,

marriage, contract disputes, or libel/slander cases).

less than one year in jail.more than one year in

jail.

“CASE OF THE SHIPWRECKED SAILORS”

On the 25th day, the third sailor, Brooks, who by this time was extremely weak, suggested that they all draw strings and that the loser be killed and eaten by the other two. Dudley and Stephens agree. The next day strings were drawn and Brooks lost. At this point, Dudley and Stephens decided that Brooks would die soon anyway, so they might as well get it over with. After thus agreeing, they killed and ate Brooks.

Five days later, Dudley and Stephens were rescued by a passing ship and brought to port. They explained to authorities what had happened to Brooks. After recovering from their ordeal they were placed on trial on murder.

The state in which they were tried had the following law:

“Any person who deliberately takes the life of another is guilty of murder.”

Three sailors on an ocean-going freighter were cast adrift in a life raft after their ship sank during a storm in the Atlantic Ocean. The ship went down so suddenly that there was no time to send out an S.O.S. As far as the three sailors knew, they were the only survivors. In the raft they had no food or water. They had no fishing gear or other equipment that might be used to get food from the ocean.

After recovering from the shock of the shipwreck, the three sailors begin to discuss their situation. Dudley, the ship’s navigator, figured they were at least one thousand miles from land and that the storm had blown them far from where any ships would normally pass. Stephens, the ship’s doctor, indicated that without food they could not live longer than 30 days. The only nourishment they could expect was from any rain that might fall from time to time. He noted, however, that if one of the three died before the others, the other two could live awhile longer by eating the body of the third.

CASE OF THE SHIPWRECKED SAILORSA. Should Dudley and Stephens be tried for murder?B. As an attorney for Dudley and Stephens, what arguments would you make

on their behalf? C. As an attorney for the state, what arguments would you make on the

state’s behalf?D. If they are convicted, what should their punishment be?E. What purpose would be served by convicting Dudley and Stephens?F. Was it morally wrong for Dudley and Stephens to kills Brooks? Explain

your answer.G. Can an act be legal but immoral? Can an act be morally right but unlawful?

COURTSTrial Courts are used for:

• Listening to testimony• Consider evidence• Decide case based on facts presented

A jury is:• A group of regular citizens who decide facts of a case.• Make a judgment of the case based on the fact presented.

COURTS – CONT’D An error of law is made when:

• A mistake made by a judge in a legal procedure, ruling, or trial that may allow for the case to be appealed.

Appellate Courts:• One party presents arguments asking the court to change the

decision of the lower court (trial court)• No evidence is presented. Lawyers appear to make their legal

arguments to the judge.

ELEMENTS OF CRIMEDefinition of crime: • A crime is something one does or fails to do in violation of a written law.

Robbery• Unlawful taking of goods or money from someone by using force or

intimidation.

Larceny• Stealing goods or money without force or intimidation.

 

Grand Larceny• Stealing goods or money that amounts to $100 or more.

ELEMENTS OF CRIME – CONT’DIntent• The person meant to or intended to commit a crime

 

Motive• The reason a person commits a crime

 

Homicide• Another term for murder. The killing of another human by

someone else. Some types of homicide are justifiable (self-defense).

DEGREES OF MURDERFirst-Degree Murder• A killing that is done thought out beforehand, deliberately acted out,

and was done with malice (intent to kill).

Second-Degree Murder• A killing that is done with malice, but with no plan made beforehand.

The intent to kill did not exist until just before the murder took place.Felony Murder• A killing that takes place during the commitment of another crime such

as rape, arson, robbery, or burglary. It’s not important to prove intent to kill if being committed during a felony, even if it was accidental. Most states view felony murder as 1st degree murder.

DEGREES OF MURDER – CONT’DVoluntary Manslaughter• An intentional killing committed under conditions that lessen, but do not

justify the crime. Manslaughter is based on the idea that any “reasonable person” would act rashly if they were provoked.

 Involuntary Manslaughter• An unintentional killing resulting from conduct so extreme that it causes

bodily injury or death (i.e., playing with a loaded gun) Negligent Homicide• An unintentional killing that is a result of criminal negligence. Negligence is

the failure to exercise a reasonable or ordinary amount of care in a situation that causes harm to someone. The most common form of negligent homicide is vehicular, or automobile, homicide (operating a vehicle in an unsafe manner resulting in death).

PROBLEM #9Walt decides to shoot Connor, whom he blames for all his

troubles. As he is driving to Connor’s house to carry out the murder, Walt hits a jogger who darts out from behind a tree. Stopping immediately, Walt rushes to help the jogger, who is already dead. Walt is upset…until he discovers that the dead jogger is Connor.

Assuming Walt was driving at a safe speed and police have evidence that the collision was unavoidable:

A. Is Walt guilty of murder? If so, why?B. If not, what should Walt be charged with?

PROBLEM #10Breanne is cheated when she buys a car from Eddie’s Car

Mart. She attempts to return the car, but Eddie just laughs and tells her to go away. Every time Breanne has to make a repair on the car, she gets angrier with Eddie. Finally she decides to wreck Eddie’s car to get even. Following Eddie home from work one evening, Breanne tries to ram his car, hoping to bend the axle or frame. Instead of bending the frame, the collision smashes Eddie’s gas tank, causing an explosion which kills Eddie.

A. Is Breanne guilty of any degree of homicide? If so, which degree and for what reason?

B. What was Breanne’s motive in acting as she did? Should her motive be considered at any stage of her trial? Why or why not?

OTHER ELEMENTS OF CRIMEAssault• Any attempt or threat to carry out a physical attack upon another

person. Battery• Any unlawful physical contact inflicted by one person upon another

individual without consent. Arson• The deliberate and malicious burning of another person’s property.

OTHER ELEMENTS OF CRIME – CONT’D.

Vandalism• The deliberate destruction of the damage to another person’s

property (can be a felony or misdemeanor, depending on state law). Extortion• The use of threats to obtain the property of another person

(blackmail). Arrest• The person that is suspected of a crime is taken into custody

OTHER ELEMENTS OF CRIME – CONT’D.

Probable Cause• A reasonable belief that a person has committed a crime  

Problems 26 & 27• Read aloud as a class and discuss

PROBLEM 26Police receive a tip that a drug pusher named Richie is

flying from New York to Washington sometime on the morning of September 8. The informer describes Richie as a tall man with reddish hair and a beard. He also tells police that Richie has a habit of walking fast and that he will be carrying illegal drugs in a brown leather bag.

On the morning of September 8, the police watch all passengers arriving from New York. When they see a man who fits the description – carrying a brown leather bag and walking fast – they arrest him. A search of his bag reveals several large quantities of cocaine.

PROBLEM 26 – CONT’D.

a) Based on what you know, do you think the police had probable cause to arrest Richie? Why or why not?

b) Should the police have obtained a warrant before arresting Richie? Why or why not?

PROBLEM 27After an evening out, Lonnie Howard and his girlfriend, Susan,

decide to park in the empty lot behind Sears at the Briarwood Shopping Mall. After having several beers, they are startled by the sound of breaking glass from the rear of the store.

Unnoticed in their darkened car, Lonnie and Susan observe two men loading merchandise from the store into the back of a van. Quickly concluding that the men must be burglars, Lonnie revs up his engine and roars out of the parking lot onto Main Street.

Meanwhile, unknown to Lonnie and Susan, a silent alarm has also alerted the police to the break-in at the store. Responding to the alarm, Officer Ramos heads for the mall and turns onto Main Street just in time to see Lonnie’s car speeding away.

PROBLEM 27 – CONT’D.

a) If you’re Officer Ramos, what would you do in this situation? If you were Lonnie, what would you do?

b) If Officer Ramos chases after Lonnie, would he have probable cause to stop and arrest him?

OTHER ELEMENTS OF CRIME – CONT’D.

4th Amendment• Freedom from illegal search and unreasonable arrests. Search Warrant• A court order from a judge who is convinced that there is a real

need to search a person or place.

OTHER ELEMENTS OF CRIME – CONT’D.

Problem 29: Police Searching the Trash Interrogate• To question a suspect 

Problem 32: Miranda vs. Arizona Booking• A formal process of making a police record of the arrestBail• An amount of money put up in order to be set free before a trial date.

OTHER ELEMENTS OF CRIME – CONT’D.

Preliminary Hearing• Used to determine if there is enough evidence to require the defendant to

stand trial. Exclusionary Rule• This rule holds that any evidence obtained illegally cannot be used to

convict a personPlea Bargaining• Granting certain conditions to the defendant if they plead guilty to a

crime.

You Be the Judge

COURT PERSONNEL & TERMINOLOGY

Prosecuting Attorney• This attorney works for the local, state, or federal government.

They are responsible for formally charging suspects with their crimes in court. It is the prosecuting attorney’s job to find the accused criminals guilty.

 Defending Attorney• This attorney is either hired by a suspect after being charged with

a crime or assigned by the court to the suspect if they can’t afford to hire an attorney. The defending attorney’s job is to try to find their client innocent.

COURT PERSONNEL & TERMINOLOGY

Jury• This group of 12 people is picked by both attorneys’ before the trial

to help decide the eventual outcome of the case. Their responsibility is to determine if a suspect is either guilty or not guilty of the crime(s) they are being charged with.

 Judge• Presides over cases in court. Is either the manager of court

procedures or is used to determine if the suspect is guilty or not guilty.

COURT PERSONNEL & TERMINOLOGY

Clerk• They are responsible for opening the court proceedings by

announcing the judge and case being heard, keeping notes of court proceedings, and swearing in juries.

 Bailiff• Serves as officer of the court and is responsible for carrying out

any directions given by the judge in court. The bailiff is also responsible for swearing in witnesses before they are questioned by both attorneys.

TYPES OF TRIALSBench Trials • Trials in which a judge is used to determine the outcome of the

case. No juries are involved in making the decision. Jury Trials • Trials in which a jury is used to determine the outcome of the trial.

Judges are there to simply oversee the procedure of the court and address any problems within the court that may arise during the trying of a case.

TERMINOLOGY OF COURTPlea • Term used to describe the statement a suspect makes in court

when they state whether they are innocent or guilty of the crime(s) they are being charged with.

Opening statement • When both attorneys talk to the jury, judge, and the rest of the

court to give a brief summary of what the facts of the case are. They also use this opportunity to tell the court their opinion of the case is, how they are going to try the case, and what they think the verdict SHOULD be.

TERMINOLOGY OF COURTExamine• Term used to describe when an attorney questions his/her witness

in court. Cross-examine• Term used to describe when the opposing attorney questions the

same witness in trial.

TERMINOLOGY OF COURTClosing statement• Before the verdict is decided, both attorneys talk to the judge, jury,

and the rest of the court again to review the facts of the case and state what they think the verdict SHOULD be.

 Verdict• The decision of either guilty or not guilty given by the judge or jury

after the case has been completed.