CRM230-Criminal Law

1 CRM 230 W12 DLU 1 Mock Trial A rgument Final Assignment Due Date: March 30, 2021 (this is extended from original date March 12 th) For this assignment I would like you to choose from the following scenarios b elow (o ption 1, 2 or 3) ; then decide if you would like to take the role of defence, or prosecution. Then create a ‘mock trial’ document stating your case. This means I would like you to choose a position, either DEFENCE or PROSECUTION and then prepare a written document stating if you are defence or prosecution , then build a case/ argument that you would potentially present in court . (Please use the formal language that defence attorneys or prosecutors wo uld use. I f you look at transcripts of cases this may help you formulate how to go about framing you r work, there are resources for this assignment at the end of th is document as well ) Important to remember that the Prosecutors (who represent the State) are also lawyers, their sole job is to prove beyond a reasonable doubt that the defendant is guilty of the charges . So you will need to be creative in making up circumstances , facts, evidence , witnesses and arguments that you include in whatever scenario you choose to pick from below. The scenarios below are vauge, so they leave lots of room for you to mak e up whatever evidence, facts you need or wish to prove your side of the case. Remember, our Canadian Criminal Justice System is adversarial in nature. So whatever side you choose to write your ‘case’ for it must meet the threshold. For example; I am looking to see ; if you write as the prosecution that you did prove beyond a reasonable doubt that the defendant did indeed commit the offences to which they are being charged . If you choose to write as the defence attorney, you need to show me in your argument that you raise d a doubt with your case to ensure that the judge can determine that you as the defence did indeed prove that there is reasonable doubt in the case against your client , this would mean that you did such a good job presenting a case o n behalf of your client that the court would have no choice but to prove your client ‘not guilty ’. A large part of your writing will be made up , what is referred to as a ‘mock trial case ’, therefo re this assignment will re quire you to use your im agination when presenting/writ ing your side of the case. In the sc enarios below I have given you, it give s you the basic s to begin your work, get as creative as you wis h to make up fact s. EVALUATION : • If you wrote from the perspective of the prosec ution; did you prove be yond a reasonable doub t that the defendant did indeed commit this offence. • If you wrote from the perspective of the defence; did you r aise a reasonable doubt in your presentation /document to the court to show that there is /was a reasonable doubt your client did not commit this defence • 3-6 pages would be required for th is work (or as many as you like if you think more than six) You may have evidence tha t you make up that can be submitted as attach ments, you may also have charter reference letter s for clients, or victim impact statements if applicable to support your arguments . (again please submit these as attach ments if appro priate) 2 • APA is not required, however if you us e a real case in you r mock trial argument work, you must put in the in -text citation , you may use real cases to back up your arguments . • I would also like a title page with you r name student number, due date, and course number and section number . Y ou will need on the first page of your document to sta te your full name and which side of the argument you are on , for example ; Geri Bemister, lawyer for the Defend ant Barbara M antle or Geri Bem ister, Prosecutor fo r the State. • Yo ur work wi ll need to include the sections below; 1) opening sta tement 2) presentation of argument , must include section numbers of ch arges, witness statements, evidence, and facts 3) case law, the use of real cases that show pre cedent for either sentencing options (for prosecution) or where cases were acquitted for Defence. 4) closing statements If you choose to take on the role of the : Prosecution: • First section will state the case that you would be presenting in detail; including an opening statement for the court, this is where you would present if you were the prosecution the section numbers the person would be being charged with, • Second section will state what evidence you have that will prove beyond a reasonable doubt that the defendant did indeed commit the offence of the Criminal Code they are being charged with. Y ou should include made up witness st atements (this can include police) . Don ’t for get about mens rea and actus reus. • Third section of your document will state what recommendations, using case law you would recommen d to the judge in terms of a sentence. • Fo urth section of document/argument will b e the clo sing arguments . This is w here you sum marize your argument to present to jud ge / and or judge and jury. If you choose to take on the role of the : Defence Attorney: • First s ection if you choose to write as the defence attorney then your opening statement would include the sections of the criminal code that you r client wishes to plead not guilty to , (you must plead not guilty for your client for the purpose of this assignment . • Second section, this is where you will state your case for the defendant, so putting in the background of offender, essentially painting a picture of your cl ient (defendant) and presenting why he or she would be not guilty of the offence . You may include witness statements, Cha rter challenges (if appropriate) , character witness letters for defen dant (if appropriate) (also don ’t forget about mens rea and actus reus.) • Third section of your document/ argument can include recommendations to jud ge/jury, so for examp le any similar cases where a defendant was fo und not guilty, or why the court should find y o ur client not guilty • Four th Section : of document/ argument will be the closing argumen ts. This is w here you will summarize your case/ argument, to ensure th at reasonable doub t is raised . 3 C ho ose from one of the b elow scenarios: Option #1 R. v. Mantle A First Nations female, Barbara Mantle, is charged with Break and Enter, theft over $5000 and possession of stolen property following an alleged computer theft at a library in her community. The scenario deals with Criminal Code charges. Barbara was found with the com puter from the robbery in car when she was pulled over in an alleged routine traffic stop. Barbara has a long history of substance use and a previous criminal record. Option # 2 R. v. Brogue Armed with a search warrant, police officers search Brogue’s apa rtment and find narcotics, and large sums of cash. Following the search, Alexander Brogue, who is 19 years old, is charged with trafficking of marijuana and possession of marijuana and cocaine under the Controlled Drugs and Substances Act (CDSA ). The scenario deals with the relevant provision of the CDSA and provides helpful suggestions for the discussion of ‘intent’ or ‘mens rea’ , a necessary element to every crime. Option #3 R. v. Skywalker A college student, Mike Skywalker 21 years old, is charged with pointing a firearm, and carrying or being in the possession of a weapon or imitation weapon after an alleged altercation at the local convenience store. There were witnesses at the scene. Mike has no prior criminal record and he is an alleged illegitimate son of Donald Trump . RESOURCES to Assist you with your work: https://www.grahamdefense.com/resources/mock -trial -material/writing -opening -and -closing - statements/ http://ojen.ca/en/resources/videos/mock -trial -how -to https://www.scbar.org/media/filer_pu blic/b0/26/b0263f98-66c1-47ae -a41b - f7c2f831ea9a/08msmtsuggest.pdf https://laws -lois.justice.gc.ca/eng/acts/c- 46/ (Canadian Criminal Code) https://laws-lois.justice.gc.ca/eng/acts/c- 38.8/ (Controll ed Drug and Substances Act) 4 SUGGESTIONS FOR HOW TO PREPARE FOR THE MOCK TRI AL ARGUMENT Assignment 1. Role -play the story /Make up the scenario based on 1 or the 3 options Get a clear understanding of who, what, where, when, why, and how. C lear understanding of the sections and section numbers of offences the person in scenario is being charge d with 2. Learn the facts of your case. Go back over the scenario and think : • What facts support your side? • What facts weaken your side? • What facts support the opposite side? • What facts weaken the opposite side? *th is will be mostly made up by you to support your argument , in addition to any facts stipulat ed in th e option you chose . 3. Analyze witnesses’ statements ( this you will need to be creative in doing for your assignment) • Determine what information the witnesses should tell the jury. • Decide how time will be divided among the witnesses that are to be called. 4. Create questions for each witness your side will call.( doesn’t have to be a lot of question s, but should have some witness ’s statements to support your argument ) • These questions are called direct examination. In direct examination, you cannot ask a “leading question.” A leading question is one that suggests the answer to the question, like “You saw that the light was red, didn’t you?” However, asking “What color wa s the light?” is not a leading question. • Note that just because a question calls for a yes or no answer does not mean it is a leading question. • Design questions that will bring out the facts and support your sid e of the case. 5. Form your legal strategy . • Decide on the theory or theme that will be presented. Defence being used (take from text boo k if you are choosing to take on the rol e of defence) • Revise the order of your witnesses, the questions you will ask your witnesses, and the questions you will ask the other side’s witnesses so that these all fit with the theme of your case. • Brainstorm the opposing side’s strategy and how to weaken it. • Outlin e the opening statement, but be careful not to argue your case. 6. Write the closing argument. • Review the case; outline the important points to remind the jury. • Tell the jury how you want them to decide and why this is the correct verdict.