Mock Trial restart

[Mal]

If anyone is interested, I'll be glad to start another mock trial class.

Who's up for it?

[New Ecopia]

I'm interested.

[Witchcraft and Sorcery]

I'll sign up I guess.

[Barry]

I'd like to participate.

[Aersoldorf]

The Butler did it. I'm in

[Witchcraft and Sorcery]

Isn't it always the butler's fault?

[Aersoldorf]

You're supposed to say "Objection, calls for speculation"

[Witchcraft and Sorcery]

That's true too.

[Barry]

*ignores foundationless speculation and begins to construct specious arguments*

[Duckyian Empire]

I might do it?

[Barry]

Dec 20, 2013 6:39:11 GMT -5 Duckyian Empire said:

I might do it?

That's a rather ambiguous commitment. I think Ducky's got the makings of a fine lawyer.

[Duckyian Empire]

Being vague and/or ambiguous is a pastime of mine.

[Mal]

Here's the roster so far:

New Ecopia
W&S
Barry
Aerso
Duck


I'd like to get maybe 1 or 3 more so we'll have even teams. Please reply in thread as to what you prefer: a Civil case or a criminal case. I'm going to keep signups open until January 8th. Shortly after that, I'll post a fact pattern, as well as witness statements. Also, I'll put the word out that we need some people to act as witnesses.

This will be a "bench" trial. Thus, there will be no jury. I'll be the judge/ professor and thus, I'll be the trier of fact.

If you're interested in leading the Prosecution/ Plaintiff Team, or the Defense Team, PM me.

Thanks!

[Witchcraft and Sorcery]

Civil or criminal - I could do both. I've done a mock criminal trial before, I honestly have no preference though.

[Barry]

Same here, Mal. Either civil or criminal is fine.
 
Which one would cover an ethical proceeding against a Minister or Ambassador, such as, oh let's say....Aerso, for example? Some practice in that area might prove useful in the future.

[Duckyian Empire]

Either or is fine by me!

[The Covalent Sea]

I'd like to sign up if theres still time if not ill just drink and cry myself to sleep.

[Mal]

Jan 6, 2014 17:18:49 GMT -5 The Covalent Sea said:

I'd like to sign up if theres still time if not ill just drink and cry myself to sleep.

You're in!

[Mal]

Here are the teams:

Barry will be the lead prosecutor/ plaintiff's attorney. He will be backed up by New Ecopia and W&S.

Aerso will head up the defense (defence for those of you from Commonwealth countries) and he will be aided by Duck and Covalent Sea.

There are some readings you should look at:

First is the burden of proof: en.wikipedia.org/wiki/Legal_burden_of_proof In a nutshell, there are basically three standards: preponderance of the evidence, clear and convincing evidence, and reasonable doubt. The latter is the standard for most criminal felonies.

Next is Objections: en.wikipedia.org/wiki/Objection_(law) Some common objections include Leading, Speculation, and Hearsay. Hearsay is a very important one and the reason that a lot of testimony is excluded from the record. With that being said.....

You should read the article on hearsay which can be found here: en.wikipedia.org/wiki/Hearsay_in_United_States_law

You may also want to look at this one: en.wikipedia.org/wiki/Relevance_(law) This is a common objection, but it's also an important doctrine in American jurisprudence. In essence, if the prejudicial effect of the evidence outweighs it's probative value, it's usually excluded from the trier of fact (usually a jury, but sometimes a judge).

I'll have a fact pattern up by Friday and witness statements as well as other pertinent documents by the weekend. I'll hear pretrial motions beginning on Monday next week, and I'll expect any and all motions to be made by Friday of next week. The trial starts on January 21.

[Witchcraft and Sorcery]

Coolio. I'll read through these after I get home tonight. Thanks Mal.

[Barry]

This should be great fun, Mal. Really looking forward to this.

[Mal]

Here's your fact pattern. Witness statements go up this weekend.

On January 12th, 2012, at or around 5:30PM, the Defendant, John Wilkes, allegedly entered Sidellis Pharmacy, an independent pharmacy that sells a variety of health related items as well as prescription drugs. Sidell’s is located in Hudson, MA.

The facts are as follows:

The Defendant entered the store dressed in a green Boston Celtics jacket, and was wearing a black baseball hat with no logo, sunglasses, and had a beard and moustache.

The defendant approached the pharmacy counter and put drew a weapon and demanded the pharmacist give him all the oxycodone in the store, as well as any cash on hand.

The pharmacist resisted, and the defendant then hit him over the head, climbed over the counter, and broke into the cabinet containing the controlled substances. He took all the items in the locker, and then retrieved a bank deposit bag containing 2000 dollars in cash as well as some checks.

Mr. Wilkes was observed by the clerk at the front of the store who had come to the back to see what the commotion was about. She began to trip the silent alarm, but was stopped at gunpoint when the Defendant threatened her stating he would “Blow her brains out” if she hit the silent alarm switch.

The defendant ordered both employees into the back of the store and told them that if they said anything he would kill them.
Unknown to the defendant, there was a woman in one of the aisles who placed a 911 call on her cell. Although the call went through, the police could only hear what was going on as the woman was reluctant to speak into the phone for fear of being found by the Defendant.
The defendant was spotted by two people who state that he entered a waiting car. The car sped off a few moments before police arrived.
Witness Ralph White, 42, stated he got a partial plate and make of the car, though because of the darkness, he was not sure of the color.
Witness Sheryl Mays, 36, identified the car, but could not make out the plate because it was too far away.

The partial plate led police to Mr. Wilkes. He states that he lent the car to a friend named Will Riley. He states he’s known Mr. Riley for 2 years.
Mr. Wilkes has no priors, is a veteran of the United States Navy, and is currently working his way through college, where he majors in biology. He hopes to attend medical school. MR. Wilkes was not known to police, although he’s lived in Hudson for 5 years with his brother, who owns a home.
Because the police have been unable to locate anyone named Will Riley, they believe Mr. Wilkes to be the party who robbed the store as he matches the general description. Neither the clerk nor the pharmacist could ID him, but a jacket matching the one worn by the robber was found in the home, and Mr. Wilkes claimed it was his.

[The Covalent Sea]

This seems kinda one sided, the DA can't cross examine the witness and the defense can't interview him before the trial because he doesn't exist...why not use a real case I would be willing to use one of my court cases and just change around the places and names allowing the defense to interview me and the DA to cross examine me. It would be interesting to see if the same sentence is given as in real life.

[Barry]

Mal, two procedural questions:

1. Does the prosecution have the opportunity to present rebuttal witnesses after the defense finishes calling its witnesses?

2. After you've heard all the testimony, do both sides get to make closing arguments to you?

Thanks.

[The Covalent Sea]

"The defendant ordered both employees"
If he hasn't already pled guilty shouldn't that read suspect? The use of defendant implies that our defendant is guilty...

[Witchcraft and Sorcery]

It does seem a little one sided at the moment. I would definitely like to see witness statements before going further though. Interesting case.

[The Covalent Sea]

I would also like to request: A picture of the defendants mugshot, the jacket that was found on the day of the arrest and his criminal record.

[Barry]

The Prosecution is only too happy to voluntarily respond to the Defense's request, Your Honor.
 

After he robbed Siddell's Pharmacy, the Defendant obviously shaved and got himself tattooed to avoid being ID'ed in his line-up. My, my - quite a nice looking, up-standing young man....The Perp's Boston Celtic jacket seems rather distinctive....John "Single Bullet" Wilkes' arrest record in other jurisdictions is rather extensive, don't you think, Counselor?   

[The Covalent Sea]

Your honor I would like to point out that the mugshot bears a striking resemblance to Ducky and would like to request a mistrial based on a conflict of interests.

[Barry]

We respectfully oppose the Defense’s motion for a mistrial, Your Honor. Guilty scum, such as this defendant, cannot be permitted to benefit from the gross improprieties of his own counsel.

Furthermore, based upon the admissions inherent in the learned Defense counsel’s motion for mistrial, we request the immediate issuance of a judicial bench warrant for the arrest of Ducky on charges of obstruction of justice and suspicion of impersonating a crook.