UNIVERSITY OF TORONTO MOCK TRIAL: CRASH COURSE PRESENTED BY: SOLOMIYA ZAKHARCHUK

Transcription

1 UNIVERSITY OF TORONTO MOCK TRIAL: CRASH COURSE 4 O C TO B E R PRESENTED BY: SOLOMIYA ZAKHARCHUK

2 AGENDA What is Mock Trial? Why participate in Mock Trial? The Case: R. v. Pickton Underlying Legal Concepts What is an Opening Statement? Writing Opening Statements What is a Closing Statement? Writing Closing Statements

3 WHAT IS MOCK TRIAL? Imitation Legal Trial Introduction to Criminal Litigation Simulation of lawyers and witnesses in a criminal proceeding Introduction to Canadian Criminal Court Procedure John Mantha / CTV Toronto

4 WHY PARTICIPATE? Develop Legal and Logical Reasoning Get hands-on litigation experience before law school Learn Canadian criminal procedures Get involved! Have fun!

5 R. V. PICKTON (Felicity Don / THE CANADIAN PRESS)

6 LEGAL CONCEPTS Actus Reus Mens Rea Onus/Burden of Proof Reasonable Doubt Beyond a Reasonable Doubt

7 ACTUS REUS Act Murder Theft Robbery Assault Etc Omission of an act/failure to Act Negligence

8 MENS REA: THE GUILTY MIND General Intent Did the accused break the law? Was this an accident? The crime itself Ex: the act of assault Specific Intent Did the accused have a premeditated plan? The preparation and purpose for committing the crime Ex: planning an assault

9 OUR FOCUS: GENERAL INTENT

10 ONUS/BURDEN OF PROOF & REASONABLE DOUBT The onus falls on the party who must prove that a crime took place In Canada, the burden is on the Crown to prove beyond a reasonable doubt that the accused committed the crime Reasonable doubt: standard to which evidence is held to to require to validate a criminal conviction Highest standard of proof used in courts

11 BEYOND A REASONABLE DOUBT The standard that must be met by the prosecution s (Crown s) evidence in a trial There is no other logical explanation that can be derived from the facts except that the defendant committed the crime Therefore, it overcomes the presumption that a person is innocent until proven guilty If there is any doubt, then the defendant must be found not guilty for the crime Degree of guilty can vary Example: first/second degree murder GUILTY!

12 REASONABLE DOUBT? NOT

13 OPENING STATEMENT WHAT IS IT? First opportunity to present your case to the judge What is your theory? What evidence can the court expect to hear? What are the witnesses expected to say? Overview of the case Important to maintain the correct level of specificity Be specific but not too specific in case something does not go as planned

14 WRITING AN OPENING STATEMENT Introduce yourself your co-counsel State your objective Crown s Objective: Prove beyond a reasonable doubt that the accused is guilty based on the evidence Defense s Objective: Show reasonable doubt in the evidence Discuss the facts of your case but do not be overly specific as anything can happen during the trial. You do not want to make empty promises What are the points of contention in the case and how will they be mediated? Are there any weaknesses in your case and how will you address them?

15 CLOSING STATEMENT WHAT IS IT? Review of the case Review of the evidence presented Argue the case a certain way based on the evidence presented Opportunity to advocate for your client (for the Crown or for the defense)

16 WRITING A CLOSING STATEMENT Important: Keep track of the case and make adjustments accordingly Consider the most important evidence on the key issues brought up by each side How can you use all the evidence to your advantage? Why is this evidence important? Was there any contradicting evidence How will you address it to support your case? Make the evidence work in your favour!

17 WRITING A CLOSING STATEMENT Do not introduce or speak to any evidence that has not been presented Example: if you planned with your witness to testify certain evidence and they did not have the opportunity to do so, do not speak to/introduce this evidence Crown: Have you proved the accused s guilt beyond a reasonable doubt? How? Defense: Have you shown reasonable doubt in the Crown s case? How?

18 TIP THE SCALES OF JUSTICE IN YOUR FAVOUR

19 QUESTIONS?

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