Trial+Rules


 * __ MOCK TRIAL ACTIVITY __**

**LEGAL CHARGES AND DEFINITIONS**


 * Genocide **- a legal definition is found in the 1948 United Nations Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Article 2, of this convention defines genocide as "any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group, as such: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life, calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; [and] forcibly transferring children of the group to another group.

**MOCK TRIAL ACTIVITY DESCRIPTION**
 * Crimes against humanity- **as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "are particularly odious offences in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings. They are not isolated or sporadic events, but are part either of a government policy (although the perpetrators need not identify themselves with this policy) or of a wide practice of atrocities tolerated or condoned by a government or a de facto authority. Murder, extermination, torture, rape, political, racial, or religious persecution and other inhumane acts reach the threshold of crimes against humanity only if they are part of a widespread or systematic practice. Isolated inhumane acts of this nature may constitute grave infringements of human rights, or depending on the circumstances, war crimes, but may fall short of falling into the category of crimes under discussion."

1). As a class we will try Leopold II ruler of Belgium from 1865-1909 in an international criminal court. We will have time at the end of Tuesday to review the case and charges brought against Leopold II. We will also review the evidence and assign roles to the class so they may review their case over night. Wednesday I will give you 10 minutes to talk to your witnesses (and client if you are the defense) and after that time limit the judge will call the trial into secession. Review your case well and review the schedule of the trial below to prepare. After both prosecutor and defense finish their closing statements we will let the jury sequester and decide the fate of Leopold II and maybe change history!

**DIRECTIONS FOR MOCK TRIAL**

__Roles:__ Judge, Bailiff, Prosecutor (1 or 2), Defense (1 or 2) and Jury (rest of the class) Defendant: Leopold II Witnesses: Former worker (prosecutor), ex foreman (denfense), Henry Morton Stanly (defense) and Roger Casement (prosecutor) __Responsibilities:__

1. Everyone must review the list of evidence, arrest warrant and background information that is submitted for this case. It is the job of everyone (especially the defense and prosecutor) to know the case very well. 2. Make sure you spend time Tuesday creating a small outline of your responsibilities of your acting role. 3. For the Prosecution and Defense… Opening statement defines your position, what you will prove, and outlines in a general way your arguments. Suggestion: use courtroom rhetoric (your honor, we will prove, we will show, the testimony will show, the witness will say); remember your audience is a jury who has no knowledge of the case and, consequently, you must tell the story of the case (through your point of view). a. Prosecution defines charge, outlines what the evidence will show, and what the witnesses will say. b. Defense outlines their own case, showing why there is a “reasonable doubt” as to the guilt of the defendant. Like prosecution, they suggest what the evidence will show, and what their witnesses will say. 4. Direct examinations of your witnesses involves asking questions which elicit from witness facts which help to support your case. Witnesses therefore have to play act with your role. For instance if you are the former worker, you know the general experience working at the rubber factories so you can play act with historical knowledge and with a little bit of ingenuity. 5. Cross examination of your opposition witnesses does two things-- undermines fact/s, evidence, inferences, judgments they presented in direct examination and, if possible, casts doubt on their credibility. **MOCK TRIAL TIMELINE**

Directions: This timeline represents the time schedule which the mock trial judge will follow. If time runs short, closing statements and direct and cross examinations of witnesses may be cut short by the judge in order to allow the trial to conclude in a timely fashion.

JUDGE’S ENTRANCE AND INSTRUCTIONS (2-3 minutes): Judge enters court, is introduced by bailiff, reviews instructions.

OPENING STATEMENTS (3 minutes each): Prosecution gives opening statement first, and defense may give opening statement between now and the close of prosecution’s case.*

PROSECUTION DIRECT EXAMINATION OF OWN WITNESSES (3-4 minutes for each witness or 16 minutes total): prosecution witnesses are called in order of importance and questioned. If questions take more time than prescribed, judge may elect to limit number of witnesses.

DEFENSE CROSS EXAMINATION OF PROSECUTION WITNESSES (3-4 minutes for each witness or 16 minutes total): After each prosecution witness is questioned by prosecution, defense cross examines that witness.


 * (LAST OPPORTUNITY FOR DEFENSE OPENING STATEMENT)

DEFENSE DIRECT EXAMINATION OF OWN WITNESSES (3-4 minutes for each witness or 16 minutes total): Defense witnesses are called in order of importance and questioned. If questions take more time than prescribed, judge may elect to limit number of witnesses.

PROSECUTION CROSS EXAMINATION OF DEFENSE WITNESSES (3-4 minutes for each witness or 16 minutes total): After each defense witness is questioned by defense, prosecution cross examines the witness.

CLOSING STATEMENTS FIRST BY PROSECUTION AND, THEN, BY DEFENSE (3 minutes each): Prosecution should use their opening statement and witness answers to prove case. Defense should prove a reasonable doubt about guilt through presentation of prosecution case.

JUDGE ASKS JURY TO SEQUESTER ITSELF AND DECIDE CASE (7 minutes) JUDGE ASKS JURY FOREMAN TO READ JURY DECISION (1 minute)


 * OBJECTIONS**

1. leading questions: direct historical hard fact questions which lead the witness to predetermined answers. 2. argumentative: direct or cross exam badgering of witness, which sometimes results in confusing or intimidating the witness. 3. non-responsive: witness answers which do not address questions asked by attorney. 4. relevance: questions and answers which are not germane or related to case or developing arguments. 5. narrative: witness tends to tell story rather than answer questions. 6. outside scope of the record: information is asked for or presented which is not part of the record of the case (reading materials students use to develop information).


 * JUDGE’S INSTRUCTIONS**

1. All participants will adhere to guidelines established above, and will remain always responsive to my directions and rulings. Any rulings I make will be final. 2. To simplify matters, all evidence presented in the text should be considered true unless contradicted or superseded by other evidence in the text. Prosecution and defense should have their witnesses testify only to matters which the witness has observed or knows from experience. If the team has a question about witness testimony, please ask the judge and instructor during preparation of the case. 3. I will warn attorneys that your time is up for a given activity by tapping my pencil loudly, indicating you have 30 seconds remaining. 4. Prosecution and defense must keep track of their own use of time.