COURT IN SESSION TEACHER PACK CONTEMPORARY COURTROOM WORKSHOP CYBERBULLYING

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1 COURT IN SESSION TEACHER PACK CONTEMPORARY COURTROOM WORKSHOP CYBERBULLYING National Justice Museum Education

2 2 WHAT TO DO BEFORE THE VISIT Print a hard copy of the Student Pack for each student. All students must come with a hard copy of the Student Pack (copies can t be issued on the day of your visit.) Before you visit, allocate all roles for the trial (using pages 3 & 4 of this pack) Print and give to each student the relevant instruction card for their role from this pack (see page 5 for further details) Make sure students have read and are familiar with the Case Background in the Student Pack Students should familiarise themselves with their role and, depending on the ability of your students and the amount of time you have with them before the visit, should prepare for their roles before the visit Please visit www. for our Terms and Conditions, Risk Assessments, Visit practicalities, Directions and FAQs etc. TEACHERS INSTRUCTIONS FOR ON THE DAY After the students have presented their trial, the jury will have a chance to discuss their verdict. During this time, the facilitator will ask you to lead a short discussion with the rest of the group (lasting around 5 minutes). The aim of this discussion is for students to evaluate the evidence that has been presented during the trial. 1. Ask the students if they think the defendant is guilty or not guilty, and to explain why they think that. Take a few responses. 2. Ask the students to recap the elements of the charge that have to be proven for the defendant to be found guilty. The elements of the crime will be laid out on page 2 of the Student Pack. 3. Go through these elements one by one, and ask students to think about whether or not there is enough evidence to prove each element. Prompt the students to recount what the witnesses have said in relation to each element.

3 3 LIST OF ROLES FOR THE TRIAL 1 OF 2 JUDGE USHER CLERK LAWYERS PROSECUTION BARRISTERS DEFENCE BARRISTERS PROSECUTION SOLICITORS DEFENCE SOLICITORS WITNESSES WITNESS ONE WITNESS FOUR WITNESS TWO WITNESS FIVE WITNESS THREE WITNESS SIX

4 4 LIST OF ROLES FOR THE TRIAL 2 OF 2 JURY JUROR 1 (FORE- PERSON) JUROR 7 JUROR 2 JUROR 8 JUROR 3 JUROR 9 JUROR 4 JUROR 10 JUROR 5 JUROR 11 JUROR 6 JUROR 12 WHAT IF YOU HAVE FEWER STUDENTS? If you have fewer students than the number of roles listed above, you can reduce the number of jurors, barristers and/or solicitors. WHAT IF YOU HAVE MORE STUDENTS? If you have more students than the number of roles listed above the lawyers and/or jury can have more students allocated to these roles.

5 5 INSTRUCTION CARDS ROLE WHAT THE ROLE INVOLVES WHAT THEY WILL NEED PAGE JUDGE The judge will speak throughout the trial and decide on the sentence at the end, from a range of options. Judge Instruction Card Witness Statements CLERK The clerk will speak throughout the trial, calling each witness to the witness stand. Clerk Instruction Card 7 USHER The usher will ask the witnesses to swear the oath throughout the trial. Usher Instruction Card 7 PROSECUTION SOLICITOR(S) The solicitors have to assist the barristers in writing questions for the witnesses. They do not speak in court. Prosecution Barristers and Solicitors Instruction Card Witness Statements for witness 4/5/ PROSECUTION BARRISTER(S) The barristers write questions after reading the relevant witness statements. They will then speak in court, question the witnesses and present a closing statement. As above DEFENCE SOLICITOR(S) The solicitors have to assist the barristers in writing questions for the witnesses. They do not speak in court. Defence Barristers and Solicitors Instruction Card Witness statements for witness 1/2/ DEFENCE BARRISTER(S) The barristers write questions after reading the relevant witness statements. They will then speak in court, question the witnesses and present a closing statement. As above WITNESSES Witnesses read their witness statement and use this to answer questions on the witness stand. Some answers may have to be improvised on the spot. Witness Instruction Card and Witness Statement relevant to each witness JURY FOREPERSON The foreperson of the jury will announce the verdict at the end of the trial. Jury Instruction Card Jurors evidence sheet JURORS The judge will speak throughout the trial and decide on the sentence at the end, from a range of options. As above 10 11

6 6 JUDGE ROLE SUMMARY The Judge has to keep order in the courtroom and if the defendant is found guilty of the crime they will give the appropriate sentence (punishment). WHAT THE ROLE INVOLVES You keep order in the court room You listen to all that is being said You make sure that the witnesses answer the questions properly You are completely fair you cannot take sides You have lots of experience in law You wear a long gown and a wig made from horse hair If the jury find the defendant guilty you have to decide the sentence PREPARE BEFORE THE WORKSHOP 1. Make sure you understand what your role is. 2. Make sure you understand the background to the case. Read the Case Background on page 2 of the Student Pack. 3. Read through the Trial Outline so that you understand the running order of the trial. 4. Make sure you know who all the witnesses are (there is a list on page 3 of the Student Pack).

7 7 CLERK & USHER ROLE SUMMARY The clerk has to call out the names of the witnesses and tell the court what crime the defendant has been charged with. The usher has to escort the witnesses into the court and make sure they swear an oath to tell the truth. WHAT THE ROLE INVOLVES USHER You work in the court room and you are normally the first person that the Witnesses will meet when they enter court You make sure people know where they need to go when they arrive at court It is your job to show the witnesses to the witness stand You will make sure that all witnesses tell the truth by asking them to swear the oath Your wear a black robe CLERK You are a court official and you have studied law and gained a law qualification You need to be very organized and call out the witnesses names in the correct order You will also ask the defendant to confirm their name and age You will ask the defendant whether they plead guilty or not guilty Your wear a black robe PREPARE BEFORE THE WORKSHOP 1. Make sure you understand what your role is. 2. Make sure you understand the background to the case. Read the Case Background on page 2 of the Student Pack. 3. Read through the Trial Outline so that you understand the running order of the trial. 4. Make sure you know who all the witnesses are.

8 8 PROSECUTION BARRISTERS & SOLICITORS ROLE SUMMARY The prosecution barrister(s) have to prepare and ask questions to the witnesses to try and prove that the defendant is guilty. The prosecution solicitor(s) have to prepare the prosecution s case and instruct a barrister to speak in court on their behalf. They are also trying to prove that defendant is guilty. WHAT THE ROLE INVOLVES Barristers and solicitors are types of lawyers A solicitors job is to give advice and prepare the case before coming to court. The solicitors instruct a barrister to present their case and speak in court The barristers job is to present the case in court by speaking and asking the witnesses questions Solicitors should pass notes to the barristers during the trial if they think of another question to ask the witnesses In the court room solicitors wear smart suits, barristers sometimes wear a wig and a black gown PREPARE BEFORE THE WORKSHOP 1. Make sure you understand the background to the case. Read the Case Background on page 2 of the Student Pack. 2. Read through the Trial Outline so that you understand the running order of the trial. 3. Read through the Witness Statements of Witness Four, Five and Six and think of questions to ask them. The aim of the questions is to help to prove that the defendant is guilty. 4. When you read through the Witness Statement try to think of a question that might show: - a gap in their evidence. You might want to think about how far away they were, could they see or hear properly? How well do they know the defendant? - their evidence is different to another witness. They might be mistaken. - they need to give more information. You might think they can t be sure of what they saw or know. 5. At the end of the trial you will need to make a closing statement. You have to sum up why the evidence shows that the defendant is guilty. This is your last chance to persuade the jury that the defendant is guilty.

9 9 DEFENCE BARRISTERS & SOLICITORS ROLE SUMMARY The defence barrister(s) have to prepare and ask questions to the witnesses to try and show that the defendant cannot be proven guilty. The defence solicitor(s) have to prepare the defence s case and instruct a barrister to speak in court on behalf of the defendant. They are also trying to prove that defendant cannot be proven guilty. WHAT THE ROLE INVOLVES Barristers and solicitors are types of lawyers A solicitors job is to give advice and prepare the case before coming to court. The solicitors instruct a barrister to present their case and speak in court The barristers job is to present the case in court by speaking and asking the witnesses questions Solicitors should pass notes to the barristers during the trial if they think of another question to ask the witnesses In the court room solicitors wear smart suits, barristers sometimes wear a wig and a black gown PREPARE BEFORE THE WORKSHOP 1. Make sure you understand the background to the case. Read the Case Background on page 2 of the Student Pack. 2. Read through the Trial Outline so that you understand the running order of the trial. 3. Read through the Witness Statements of Witness One, Two and Three and think of questions to ask them. The aim of the questions is to help to prove that the defendant is not guilty. 4. When you read through the Witness Statement try to think of a question that might show: - a gap in their evidence. You might want to think about how far away they were, could they see or hear properly? How well do they know the defendant? - their evidence is different to another witness. They might be mistaken. - they need to give more information. You might think they can t be sure of what they saw or know. 5. At the end of the trial you will need to make a closing statement. You have to sum up why the evidence shows that the defendant is not guilty. This is your last chance to persuade the jury.

10 10 JURY ROLE SUMMARY The jury have to listen to everything that is said during the trial before reaching a verdict (decision). One of the 12 jurors will act as the foreperson. The foreperson of the jury has to stand up at the end of the trial and tell the court the decision that the jury have reached. PREPARE BEFORE THE WORKSHOP 1. Make sure you understand the background to the case. Read the Case Background on page 2 of the Student Pack. 2. Make sure you know who all the witnesses are (there is a list on page 3 of the Student Pack). 3. Fill out the box at the bottom of this page. THE BURDEN OF PROOF In a criminal trial the defendant is innocent until proven guilty This means that the prosecution have to prove that the defendant is guilty. The defence do not have to prove that the defendant is not guilty You must believe beyond all reasonable doubt that the defendant is guilty to give a guilty verdict. If you have any doubt over whether the defendant is guilty, then you must say that they are not guilty You must make your decision based on the evidence you hear in court WHAT ARE THE THREE MAIN ELEMENTS THAT NEED TO BE PROVEN FOR HARASSMENT?

11 11 JURY SHEET Use your jury sheet to assess the evidence and decide whether the elements of the crime can be proven, based on what the witnesses say. ELEMENTS OF THE CRIME FIRST ELEMENT SECOND ELEMENT THIRD ELEMENT WITNESS 1 WITNESS 2 WITNESS 3 WITNESS 4 WITNESS 5 WITNESS 6 IS THERE ENOUGH EVIDENCE TO PROVE EACH ELEMENT OF THE CRIME? YES WHY? NO YES WHY? NO YES WHY? NO WHAT DECISION HAVE YOU REACHED? YOU MUST EXPLAIN WHY

12 12 PROSECUTION WITNESS ONE LIZZIE NELSON MARIA S FRIEND ROLE SUMMARY Witnesses have to answer questions presented by the barristers. They have to tell the court what they know about the case. What they say is used as evidence. WHAT THE ROLE INVOLVES You will be called to the witness stand by the prosecution to present your evidence. You must speak slowly and loudly You will have to swear an oath to tell the truth. Any witness found to be lying in court can be prosecuted and sent to prison The prosecution barristers will ask you questions about what you know about the case, and then the defence barristers. The defence barristers will be trying to show that your evidence is not reliable Some witnesses will have seen something that is important to the case, some witnesses will know the defendant and some witnesses will be an expert in a specific subject If the answer to the question is not in your Witness Statement you can make up an answer, but make sure it is believable and in line with your character PREPARE BEFORE THE WORKSHOP 1. Make sure you understand the background to the case. Read the Case Background on page 2 of the Student Pack. 2. Read through the Trial Outline so that you understand the running order of the trial. 3. Read through your Witness Statement carefully. 4. Think about what questions you will be asked during the trial by the prosecution and defence.

13 13 PROSECUTION WITNESS TWO PC BROOKES ARRESTING OFFICER ROLE SUMMARY Witnesses have to answer questions presented by the barristers. They have to tell the court what they know about the case. What they say is used as evidence. WHAT THE ROLE INVOLVES You will be called to the witness stand by the prosecution to present your evidence. You must speak slowly and loudly You will have to swear an oath to tell the truth. Any witness found to be lying in court can be prosecuted and sent to prison The prosecution barristers will ask you questions about what you know about the case, and then the defence barristers. The defence barristers will be trying to show that your evidence is not reliable Some witnesses will have seen something that is important to the case, some witnesses will know the defendant and some witnesses will be an expert in a specific subject If the answer to the question is not in your Witness Statement you can make up an answer, but make sure it is believable and in line with your character PREPARE BEFORE THE WORKSHOP 1. Make sure you understand the background to the case. Read the Case Background on page 2 of the Student Pack. 2. Read through the Trial Outline so that you understand the running order of the trial. 3. Read through your Witness Statement carefully. 4. Think about what questions you will be asked during the trial by the prosecution and defence.

14 14 PROSECUTION WITNESS THREE MARIA IVANOVA ALLEGED VICTIM ROLE SUMMARY Witnesses have to answer questions presented by the barristers. They have to tell the court what they know about the case. What they say is used as evidence. WHAT THE ROLE INVOLVES You will be called to the witness stand by the prosecution to present your evidence. You must speak slowly and loudly You will have to swear an oath to tell the truth. Any witness found to be lying in court can be prosecuted and sent to prison The prosecution barristers will ask you questions about what you know about the case, and then the defence barristers. The defence barristers will be trying to show that your evidence is not reliable Some witnesses will have seen something that is important to the case, some witnesses will know the defendant and some witnesses will be an expert in a specific subject If the answer to the question is not in your Witness Statement you can make up an answer, but make sure it is believable and in line with your character PREPARE BEFORE THE WORKSHOP 1. Make sure you understand the background to the case. Read the Case Background on page 2 of the Student Pack. 2. Read through the Trial Outline so that you understand the running order of the trial. 3. Read through your Witness Statement carefully. 4. Think about what questions you will be asked during the trial by the prosecution and defence.

15 15 DEFENCE WITNESS FOUR CHANTELLE HOLMES - SELINA S FRIEND ROLE SUMMARY Witnesses have to answer questions presented by the barristers. They have to tell the court what they know about the case. What they say is used as evidence. WHAT THE ROLE INVOLVES You will be called to the witness stand by the defence to present your evidence. You must speak slowly and loudly You will have to swear an oath to tell the truth. Any witness found to be lying in court can be prosecuted and sent to prison The defence barristers will ask you questions about what you know about the case, and then the prosecution barristers. The prosecution barristers will be trying to show that your evidence is not reliable Some witnesses will have seen something that is important to the case, some witnesses will know the defendant and some witnesses will be an expert in a specific subject If the answer to the question is not in your Witness Statement you can make up an answer, but make sure it is believable and in line with your character PREPARE BEFORE THE WORKSHOP 1. Make sure you understand the background to the case. Read the Case Background on page 2 of the Student Pack. 2. Read through the Trial Outline so that you understand the running order of the trial. 3. Read through your Witness Statement carefully. 4. Think about what questions you will be asked during the trial by the prosecution and defence.

16 16 DEFENCE WITNESS FIVE DANIEL WATSON CAFÉ OWNER ROLE SUMMARY Witnesses have to answer questions presented by the barristers. They have to tell the court what they know about the case. What they say is used as evidence. WHAT THE ROLE INVOLVES You will be called to the witness stand by the defence to present your evidence. You must speak slowly and loudly You will have to swear an oath to tell the truth. Any witness found to be lying in court can be prosecuted and sent to prison The defence barristers will ask you questions about what you know about the case, and then the prosecution barristers. The prosecution barristers will be trying to show that your evidence is not reliable Some witnesses will have seen something that is important to the case, some witnesses will know the defendant and some witnesses will be an expert in a specific subject If the answer to the question is not in your Witness Statement you can make up an answer, but make sure it is believable and in line with your character PREPARE BEFORE THE WORKSHOP 1. Make sure you understand the background to the case. Read the Case Background on page 2 of the Student Pack. 2. Read through the Trial Outline so that you understand the running order of the trial. 3. Read through your Witness Statement carefully. 4. Think about what questions you will be asked during the trial by the prosecution and defence.

17 17 DEFENCE WITNESS SIX SELINA KHAN THE DEFENDANT ROLE SUMMARY Witnesses have to answer questions presented by the barristers. They have to tell the court what they know about the case. What they say is used as evidence. WHAT THE ROLE INVOLVES You will be called to the witness stand by the defence to present your evidence. You must speak slowly and loudly You will have to swear an oath to tell the truth. Any witness found to be lying in court can be prosecuted and sent to prison The defence barristers will ask you questions about what you know about the case, and then the prosecution barristers. The prosecution barristers will be trying to show that your evidence is not reliable Some witnesses will have seen something that is important to the case, some witnesses will know the defendant and some witnesses will be an expert in a specific subject If the answer to the question is not in your Witness Statement you can make up an answer, but make sure it is believable and in line with your character PREPARE BEFORE THE WORKSHOP 1. Make sure you understand the background to the case. Read the Case Background on page 2 of the Student Pack. 2. Read through the Trial Outline so that you understand the running order of the trial. 3. Read through your Witness Statement carefully. 4. Think about what questions you will be asked during the trial by the prosecution and defence.

18 18 WITNESS STATEMENT STATEMENT OF: LIZZIE NELSON I m Maria s friend; we ve known each other for a couple of years now, since we started high school together. On 12 th July, I saw that Selina had updated her Facebook status. It was around 4pm. Selina s status said she was going to kill Maria. It was a really abusive post, she was swearing a lot. Selina is such a nasty person. I knew that Maria couldn t see what Selina had said about her on Facebook because she d blocked Selina in the past. But I thought that she should know. Selina would have known that I d see her status, and she would have known that I would tell Maria. I think she did it deliberately to frighten Maria but I don t know if Selina meant what she said. I know that Maria is quite scared of Selina. A few hours before the Facebook post, we were in the café just having some lunch. Selina Khan was in there too. I went to order us some food and when I came back to the table, Maria was really upset. I asked her what was wrong and she said that Selina had gone over to her and was trying to hug her or something, but Maria told her to leave her alone or she would call the police. Then she told me that Selina said to her I ll give you something to ring the police about. I think Maria felt quite threatened by it all. Signature: 18

19 19 WITNESS STATEMENT STATEMENT OF: PC BROOKES I am PC Brookes and I work as a police officer. After a report was made by Maria Ivanova s mother, my colleague and I visited Selina Khan at her home address on 19 th July. We arrested her on a charge of harassment. Selina did not say much on the way to the police station, but on arrival she started talking. It was clear that Selina did not take her actions very seriously. She admitted that she had approached Maria in the café, and that she had updated her social media profile to mention Maria. I believe that it was Selina s intention to cause Maria to feel scared. I had heard of Selina Khan before I arrested her, but I had never met her. Her police file shows that she was convicted for assaulting Maria in 2007, resulting in her being expelled from school. She also has a conviction for criminal damage from 2008, for damage caused to Maria s front door. From what I understand, Maria Ivanova has been bullied by Selina Khan for a while. I think Selina does realise that her actions have caused Maria to become fearful of her. On reflection, I think she is sorry for what she has done. Signature: 19

20 20 WITNESS STATEMENT STATEMENT OF: MARIA IVANOVA I have known Selina Khan since before we started high school together. She has been bullying me for a few years. I can t even tell you what started it, but she has always hated me. It s not the first time she s done something. She physically assaulted me a few years ago, and she tried to kick my front door in. It got to the point where I didn t want to go out in case I saw her, or someone told her I was out. I didn t want to look at my phone in case she texted me, I didn t want to turn on the computer in case she was saying stuff about me. That s what made me block her on Facebook. What she used to say was awful. When I was in the café with Lizzie, she was staring at me, waiting for Lizzie to go. As soon as she had Selina came over to me, asking who I was and asking for a hug. Why would she ask me for a hug? I told her to leave me alone or I d call the police, and she said I ll give you something to call the police about. It was so scary. When Lizzie told me what she had said about me on Facebook, I was terrified. I knew she meant it, that she was going to hurt me. She must have known that I was scared. I hope she is punished for what she has done. Signature: 20

21 21 WITNESS STATEMENT STATEMENT OF: CHANTELLE HOLMES I ve been friends with Selina since we were little. She s a really nice person. I know she s had problems before with Maria accusing her of lots of things but it s so ridiculous. Half the time Maria has started it. I don t really like Maria, she s quite nasty. On 12 th July Selina came to my house at around 4pm. She said she had just been in the café and Maria had been really nasty to her. She went over to her to try and apologise and Maria threatened to call the police! Selina was really angry so she wrote a Facebook status about Maria. I can t believe Maria is saying that she was scared of a Facebook status. How can someone be frightened of that? She can t really have believed that Selina was going to kill her, surely. And anyway, Maria had blocked Selina so she wouldn t even have been able to see it. Selina knew that Maria wouldn t be able to see it, so how could she have been harassing her. I think Maria is completely overreacting and making a fuss about nothing. Signature: 21

22 22 WITNESS STATEMENT STATEMENT OF: DANIEL WATSON I own the local café. I have known Selina for a long time, she comes in a lot. She s friendly and outgoing, quite chatty. She sometimes helps me clear tables. I have seen Maria in my café a few times but I don t really know her. Selina told me that she and Maria have a history and that things were not good between them. On 12 th July, both girls were in the café. I saw Selina watching Maria, but didn t think anything of it. A while later, Selina went over to where Maria was sitting. I could see them talking but couldn t hear what was being said as I was serving customers. There was no shouting or anything, it all looked perfectly friendly with no raised voices. Selina then left the café, and that was it. Selina looked a little bit upset but Maria seemed fine. I was really surprised to find out that Selina had been arrested. In my opinion Selina was not threatening Maria. Signature: 22

23 23 WITNESS STATEMENT STATEMENT OF: SELINA KHAN Maria and I were in school together for about two years, before I was expelled. We don t get on, I can t remember how it all started but it wasn t all my fault. When I saw Maria in the café, I went over to speak to her. I was just trying to apologise to her and she said she was going to call the police. I don t really know why. I was so angry after that. After that, I wrote something on Facebook but I didn t mean it. I was still so angry. I would never harm Maria, and certainly wouldn t kill her, that s ridiculous. I deleted the status the next day when I d calmed down a bit. I knew it was the wrong thing to do and I shouldn t have done it. I didn t know Maria was going to take it seriously. How could anybody take a Facebook status seriously? It was one comment on Facebook and now everyone is saying I m a cyberbully. I think Maria is overreacting. Signature: 23