Roles

1. Judge:

The Judge sits at the front of the room at a raised desk. The Judge usually wears a black robe with blue trim and will be facing the court. The Judge is always called "Your Honour" (or sometimes "Sir" if he is male). The Judge’s responsibilities include:

 

2. Prosecutor

The Prosecutor presents the case for the government, or the state, which is called the "Crown". The Prosecutor usually sits facing the Judge at the table closest to the witness stand. (This will vary from courtroom to courtroom). The Prosecutor may be called "the Prosecutor", "the Crown", "Crown Counsel" or by his or her actual surname (e.g. Ms. Smith).

The Prosecutor's job is to prove that the accused committed the offence. The Prosecutor's job really begins when the accused pleads "not guilty" and there is a trial. Then the Prosecutor questions the witnesses (the Police and others) who may have seen something or know something about the offence.

3. Defence Counsel:

The defence presents the case for the accused. The defence usually sits facing the Judge at the table furthest from the witness stand. (This will vary from courtroom to courtroom). The lawyer for the defence may be called "the Defence Counsel", "the Defence", or by his or her actual surname (e.g. Ms. Smith).

The Defence Counsel’s job is not to prove that the accused did not committ the offence, as the accused is already innocent until proven guilty. Rather, the Defence Counsel is present to ensure that the defendant’s rights are not violated, that all procedural law is followed, and that the accused receives a fair trial. From a strategic standpoint, the Defence Counsel attempts to identify and exploit weaknesses in the Crown’s case, so as to prevent the Crown from establishing the guilt of the accused beyond a reasonable doubt.

 

4. Court Clerk (Not an active role in our mock trial)

Sitting in front of the Judge, the Court Clerk calls the Court to order, passes exhibits (physical evidence such as papers) to the Judge, calls the witnesses and writes down the Judge's orders.

 

5. Court Reporter (Not an active role in our mock trial)

It is the Court Reporter's job to make a verbatim (ie. word for word) transcript of everything that is said during the trial. The proceedings are also tape recorded.

 

6. The Accused

If you have been accused of doing something you are often called the "accused" instead of by your name. When your case is called, you will sit at a table facing the Judge. Sit at whichever one the Prosecutor is not at.

 

7. Witnesses

Crown witnesses are brought to Court by the Prosecutor, and defense witnesses are brought by the defence. Witnesses for both the Crown and defense are brought to Court to tell what they know about the offence. What they say under oath is their evidence.

Witnesses are often not allowed in the courtroom while the trial is in progress until it is time for them to give evidence. The accused might give evidence but the accused has the right to be in the courtroom at all times. Witnesses give evidence from the witness box at the front of the courtroom. The witnesses can sit in the public seats when they have finished giving evidence. If the accused gives evidence, he/she will use the witness box too.

 

8. Jury

(This role is fulfilled by the teacher and any volunteers from outside the law class.)

A jury consists of twelve members of the public who have been selected to hear the evidence of the case and determine whether the accused is guilty or not guilty. The decision of the jury must be unanimous. If the jury cannot arrive at a unanimous verdict within a reasonable period of time, then a "hung jury" results and a new trial is ordered on the same charges.


9. Public

Legal proceedings are to be fair and open. Thus, any member of the public can come and watch what is going on. There are usually rows of seats at the back of a courtroom for the public to use.