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Mock Trial Scenario R. v. Tisi

Student Package Preparing for the Case R. v. Tisi

Ontario Justice Education Network www.ojen.ca

PREPARING FOR THE CASE OF R. v. TISI

This mock trial is designed to help you learn more about the criminal justice system. Many of you may have some idea about what a criminal trial is from what you have seen on television or in movies. Some of what you have seen might be accurate, but a lot of what is shown in courtroom dramas is not. In an actual trial many witnesses say things which are not planned, and lawyers have to think quickly on their feet. Now is your moment to try out playing one of the many important roles in the criminal trial process. Get into character and have fun with it. Those of you who are lawyers and witnesses will have a lot of work to do up front. Others who are judges, jury members and court staff will play an important role on the day of the trial. Please take the time to read these documents which tell you more about the case and how to prepare for trial. You will all receive individual smaller packages which describe your particular role in the trial and the evidence that you need to become familiar with before coming to the mock trial. Good luck!


What happened? On December 5, 2006, Anver Williams (15 years old and in grade 9) was walking home from school after basketball practice. It was approximately 5:30 PM and dark. There was snow on the ground. He walked down Eglinton Avenue, and turned up the alley that is a shortcut to the apartment building where he lives with his mom and two sisters. There is a street light at the Eglinton end of the alley. As he started walking up the alley Anver saw a couple of guys standing about 10 metres further up. They looked a bit older than him and pretty aggressive. They were wearing winter coats and hats. As soon as they saw him, they called out and told him to ‘come over here’. Anver didn’t move. The two guys walked up to him, and when they reached him one of them said that he liked Anver’s shoes. Anver was wearing his new basketball shoes. The guy told Anver to give up his shoes. Anver said no. One of them reached over and pushed Anver up against the side of a garage. Anver tried to push past them and run away. But they started repeatedly punching him in the face, chest and stomach. Anver fell to the ground and they began kicking him in the back and legs. While he was lying there one of them pulled off his shoes and hat. The two guys got up and laughed at Anver, telling him to walk home in the snow in his socks. One of them pulled out a knife and waved it in Anver’s face, telling him not to go to the cops, and that if they saw Anver again he would regret it. Then he lunged at Anver’s stomach with the knife. The other guy yelled and pushed his arm away and the knife missed Anver. The two guys started yelling at each other. The one without the knife said he wasn’t going to be involved in stabbing anyone and that they had to leave before someone saw them near Anver. They turned and ran down the alley. When they had gone, Anver slowly got up. His shoes and hat were gone. He had blood all over his face and neck. His face, chest and stomach were really sore. He stumbled home and his mother called as ambulance and the police. Anver was taken to hospital. He had two broken ribs, a broken nose and severe bruising all over his body. The doctors told him he was lucky the attack hadn’t burst any of his internal organs. Anver was in hospital for two nights. On December 6, Constable Rachel Di Carlo interviewed Anver. On January 6, Constable Di Carlo called Anver to the police station and showed him a photo line-up. He identified the accused as being one of the two people involved in the attack; it was the one who had stopped the other guy from stabbing him. Two weeks later Constable Di Carlo contacted Anver and said that they had arrested Donovan Tisi. He was charged with assault causing bodily harm and robbery.


THE INFORMATION Canada Province of Ontario Date _____________ IN THE ONTARIO COURT OF JUSTICE Judicial District of York

HER MAJESTY THE QUEEN

AGAINST DONOVAN TISI

DONOVAN TISI who is a young person within the meaning of the Youth Criminal Justice Act stands charged:

I. That he, on or about the 5th day of December 2006, in the City of Toronto, did assault causing bodily harm ANVER WILLIAMS contrary to section 267(b) of the Criminal Code.

II. That he, on or about the 5th day of December 2006, in the City of Toronto, did rob

ANVER WILLIAMS, contrary to section 343(a) of the Criminal Code. DATED this ________ day of _______, at _______________________ Signed _________________________ Justice of the Peace


Key Players

• Lawyers o 4 counsel for the crown o 4 counsel for the defendant

• Witnesses for the Crown

o Anver Williams o Constable Rachel Di Carlo

• Witnesses for the Defence

o Donovan Tisi o Jenny Wong

• Judge (to be played by a real judge)

• Court Staff

o Court Clerk o Court Security Officer

• Others

o Court Artists o Press Reporter

• Jury Members (optional) • The Press (2, reports on the trial) (optional)

• Court Artists (2, sketches out what happens at trial) (optional)


PACKAGE FOR CROWN AND DEFENCE LAWYERS PREPARING FOR TRIAL

• As a defence lawyer you represent the accused.

• As a crown attorney you represent the government and the public.

• During the trial, lawyers for both sides give:

o Opening and closing statements;

o Direct examination of your own witnesses; and

o Cross-examinations of the other side’s witnesses.

• The crown will make its opening statement and call its witnesses first. The defence goes next with its opening statement and witnesses.

• The defence gives its closing arguments first. The crown goes second.

How to prepare an opening statement

1. Become familiar with your witnesses’ fact sheets.

2. Select which facts should be included in the opening statement. Include the central facts to your case that are not likely to be challenged by the other side.

3. Stick to facts. The facts are what will paint the picture for the judge.

4. Check with the lawyer writing the closing arguments for your side, to make sure that both the opening and closing arguments are very similar, and cover the same facts.

5. When giving the opening arguments, try to speak in short, clear sentences. Be brief and to the point.

6. Have notes handy to refresh your memory.

7. Remember that the opening statement is very brief but gives an overview of your case.


How to prepare for direct examination

1. Write down all the things that your side is trying to prove.

2. Read the witness’ testimony carefully, several times over.

3. Make a list of all the facts in the witness’ testimony that help your case.

4. Put a star beside the most important facts that you must make sure that your witness talks about. For example an important fact for the Crown might be if your witness saw the actual crime take place.

5. Create questions to ask the witness that will help the witness tell a story:

• Start with questions that will let the witness tell the court who s/he is (“What is your name? What do you do? How long have you worked in that job?”)

• Move to the events in question (“What were you doing on the night in question? Where were you? When did you first hear there was a problem?”)

• Move to more specific questions (“What did you see? What did you do after that happened?)

6. Remember not to ask leading questions.

7. When your witness is on the stand, do not be afraid to ask a question twice, using different words, if you do not get the answer you were expecting.

How to prepare for cross-examination 1. Make a list of all the facts in the witness’ testimony that hurt your case.

2. If there are a lot of facts that don’t help your case, can you find a way to challenge the witness’ credibility? For example can you show that the witness made a mistake or has a reason for not telling the truth?

3. Put a star beside the facts you must make the witness talk about.

4. Write short leading questions that move towards the key points you want to make.

5. Depending on what the witnesses’ say you might need to come up with different questions on the spot during the trial.


How to prepare closing statements 1. Write down your key arguments and summarize the important facts you want to stick in the

judge and jury’s mind.

2. When delivering the closing arguments, try to speak in short, clear sentences. Be brief and to the point.

3. Only summarize evidence that actually was given at trial. This may mean you have to re-write your closing arguments on the spot during the trial.

4. Where a witness for the other side admitted something important to your case, point that out. For example: “The witness says she identified Mr. Smith as the man who broke into the car. However, she admitted that she was standing three blocks away from the car when she made the identification. She admitted that it was dark out. There is a real doubt that the witness actually could have identified anyone, let alone someone she had never met before, in the circumstances.”

5. Check with the lawyer writing the opening statements for your side, to make sure that both the opening and closing statements are very similar, and cover the same facts.


PACKAGE FOR CROWN WITNESS ANVER WILLIAMS

PREPARING FOR TRIAL

How can I prepare to be a good witness?

• Learn your facts by heart. You will be sworn in during the trial and may need to spell your character’s full name.

• Stick to the script. Don’t make up facts because this is unfair to the student lawyers.

• Listen to the questions carefully. If you do not understand the question, then ask to have it repeated. If a lawyer asks a question about something that isn’t in your package you can say you don’t know the answer.

• Speak with the lawyers representing your side ahead of time, and get into character when you take the stand.

Your Background • Your name is Anver Williams • You are 15 years old and in grade 9 • You live in an apartment with your mom and two sisters • You have no criminal convictions

Your version of what happened

• On December 5, 2006 you were walking home after basketball practice at school. You were wearing your new basketball shoes.

• You took your normal shortcut up the alley to your apartment building. It was cold and dark

and there was snow on the ground.

• When you turned into the alley that night you noticed two guys standing a bit further into the alley. They were a bit older and looked kind of aggressive. Both were wearing darkjeans. One guy was wearing a dark green bomber jacket with a hood and a black hat. The other guy was in a blue bomber jacket and was wearing a red hat.

• As you walked up the alley, one of the guys yelled at you to ‘come here’. You didn’t move.

The two guys walked up to you. One of them said that he liked your shoes. He told you to give them up to him. You said no.


• The guy in the green jacket reached over and pushed you up against a garage. You tried to push past them. The guys started punching you in the face, chest and stomach. You fell to the ground and they began kicking you in the back and legs. While you were lying there, one of them pulled off your shoes and took your hat.

• When they stopped beating you, the two guys laughed. One of them told you to walk home

in the snow in your socks.

• Then one of them said something about not going to the police and pulled out a knife. It happened really fast. The other guy yelled at the guy with the knife and pushed his arm away when he tried to stab you. The knife missed you, but it was pretty close. The two guys started yelling at each other. The one without the knife said he wasn’t going to be involved in stabbing anyone and that they had to leave before someone saw them near Anver. They turned and ran down the alley.

• When they were gone, you slowly got up. Your whole body was sore. You could hardly stand

up straight. You were covered in blood. You stumbled home. When you walked in your mom started crying. Then she called the police and an ambulance. You had two broken ribs, a broken nose, and severe bruising. The doctors said that you were lucky that you hadn’t burst any of your internal organs. You had to stay in hospital for two nights.

• On December 6, 2006, Constable Rachel Di Carlo of the Toronto Police interviewed you. You

told her everything you could remember.

• On January 6, 2007, Constable Di Carlo called you to the police station and showed you a photo line-up. You picked out one of the two attackers, the one who had prevented the knife attack. When Constable Di Carlo asked you if you recognized any of the people in the photos, you said yes, you thought so. When she asked you to confirm your identification you told her that you were positive that you had picked out the right person. The person you identified was Donovan Tisi.

Preparing to play this character:

• How would Anver be feeling about giving evidence – is he scared, angry? • Did the attack have much affect on him? • How do you think he feels towards his attackers? • How well can he remember everything? • How certain do you think he is that he identified the right guy?


PACKAGE FOR CROWN WITNESS CONSTABLE RACHEL DI CARLO

PREPARING FOR TRIAL




• Listen to the questions carefully. If you do not understand the question, then ask to have it repeated.

• If a lawyer asks a question about something that isn’t in your package you can say you don’t know the answer.


Your Background • Your name is Constable Rachel Di Carlo • You are 40 years old • You work at 13 division, the area where this attack took place.

Your testimony

• At approximately 6:00 PM on December 5, 2006 you were assigned to investigate a report of a robbery and assault near Eglinton Avenue. There was one victim, Anver Williams, aged 15 years. Anver was in hospital with injuries sustained in the assault, including a broken nose, and broken ribs.

• On December 6, 2006, you interviewed Anver in hospital. He seemed very upset about the

attack but thought he would recognize his attackers. He gave you a full statement.

• On January 6, the principal of Timaru Secondary School called you. She said that there had been numerous rumours circulating through the school that one of the school’s students had assaulted another youth in December and stolen his basketball shoes. She had no idea whether or not it was true, but thought she would pass the information onto you. The student in question was Donovan Tisi.


• You decided to see if Anver recognized Donovan Tisi. You put together a photo line-up and

had Anver look at it.

• When you asked Anver if he recognized any of the people in the photos, he said yes, he thought so. When you asked him to confirm his identification he told you that he was positive that he had picked out the right person. He had picked out Donovan Tisi as one of his attackers, the one who had prevented the knife attack.

• On January 7, 2007 you visited the home of Donovan Tisi, noticing the basketball shoes

that matched the description of Anver’s stolen shoes outside the front door of the apartment building. You arrested Donovan and charged him with robbery and assault causing bodily harm, properly informing him of his rights. You collected the basketball shoes as you left.


• Has Constable Di Carlo been called to similar assaults in this area before? • Is she worried about escalating violence in the area?


PACKAGE FOR DONOVAN TISI, THE ACCUSED

DEFENCE WITNESS

PREPARING FOR TRIAL


• Learn your facts by heart.

• You will be sworn in during the hearing and may need to spell your character’s full name.

• Stick to the script. Don’t make up facts as this is unfair to the student lawyers.




Your Background • Your name is Donovan Tisi • You are 16 years old and in grade 10 • You live with your father in an apartment building • You have one previous conviction, for shoplifting, 18 months ago

Your version of what happened:

• On December 5, 2006, at about 5:00 PM you and your friend Dwayne Dirks left the apartment where you live with your dad. You were angry with your dad because he wouldn’t give you money for the new basketball shoes that you wanted. He had told you to save up your money from your part time job at a local cell phone store, but you wanted them now.

• Dwayne is two years older than you and he has been in trouble a few times with the police. Sometimes he brags to you about the stuff that he has stolen. He suggested that you steal the shoes from the store at the mall. You told him that you didn’t want to jeopardize your job at the mall.


• You decided to spend the evening playing basketball at the local rec centre. You walked over there together.

• You got to the rec centre at about 5:40 PM. You stopped outside and shared a smoke. About 10 minutes later you went inside and started playing pick-up basketball. You didn’t know anyone else there that night, which is strange. Usually you know a few people.

• You do remember speaking to Jenny Wong, the rec centre’s youth leader, briefly that night. Jenny has been helping you with your plans to take a college course in technology when you finish school. She had found some information about different courses, and about some scholarships.

• You left the rec centre without Dwayne at about 8:30 PM and walked straight home. You haven’t seen Dwayne much since then, he hasn’t really been around.

• About a month later a police officer knocked on the door of your apartment, asked your name and told you that you were under arrest for assaulting and robbing someone in December. Your dad told you not to talk to anyone until he and a lawyer arrived.

• The police officer collected some basketball shoes from outside the apartment building door as you left. You wondered why, as you’d never seen them before but you didn’t say anything to the officer, and she didn’t ask you about them.

• You were charged with assault causing bodily harm and with robbery. You were told that Anver Williams had been assaulted and robbed of his basketball shoes and hat on December 5, 2006.


• Think about what kind of person Donovan is – is he a good person, a good student? • How does he feel about these charges? • Is he afraid of what will happen to him if he gets convicted? • Is he scared that his plans to go to college will be over if he is convicted?


PACKAGE FOR DEFENCE WITNESS

JENNY WONG

PREPARING FOR TRIAL







Your Background • Your name is Jenny Wong • You are 27 years old • You are the Youth Leader at the local rec centre

Your testimony

• You have known Donovan Tisi for about 12 months; you met him when you started as youth leader at the rec centre.

• Your work Monday to Friday from 2:00 – 10:00 PM. The gym is open for pickup basketball

from 4:00 – 9:00 PM Monday to Friday.

• Donovan is often at the centre in the evening. He plays a lot of basketball, and hangs out with other youth. Sometimes he works in the homework centre. You have seen him maybe 2 or 3 times per week since you started.

• You had spoken to Donovan about his plans after school and he had told you that he was

interested in technology. You had found some information about different college programs and scholarships for him.


• You have always thought that Donovan is a good person. He enjoys playing basketball and

is always willing to let others participate. He seemed to have a bright future ahead of him. • However, late in 2006 you noticed a change in Donovan. He became withdrawn and less

interested in other people. He started hanging around with Dwayne Dirks, an older youth known to have been in trouble with the police. Dwayne is often rude to other youth and the centre staff and this seemed to rub off on Donovan. Since the two youths started hanging out you’ve seen Donovan mouthing off to other youth a couple of times.

• You are sure that you saw Donovan on December 5. You had a quick talk to him and gave

him the information on scholarships and college programs. You are not sure what time it was, but it would have been early in the evening, before your dinner break (which you normally have at around 7:00 PM). However, it was quite a while ago and December was a very busy month for you and the centre (because it is colder, more youth use the centre during December, so there are many more people milling around). You don’t remember if Dwayne was there that night – you haven’t seen him recently.


• What does Jenny Wong think about these charges? • Does she think Donovan is telling the truth? • Does she think he is a good person? • Is she sure she saw him that night? If so, at what time? • How does she feel about giving evidence on his behalf? • Does she think that the neighbourhood has a violence problem?


PACKAGE FOR COURT CLERK PREPARING FOR TRIAL

Your role is to help the judge to make sure that the trial runs smoothly. You will: • Open the court • Read the charge to the accused and ask him to plead guilty or not guilty • Swear in the witnesses • Adjourn the court for a recess • Close the courts

How to Open the Courts When all participants are in their places, you will bring in the judge and say:

Order in the court, all rise please.

After the judge has entered and sat down you say:

Court is now in session, please be seated.

How to Read the Charges

Stand and say:

Donovan Tisi, who is a young person within the meaning of the Youth Criminal Justice Act, is charged that he, on or about the 5th day of December 2006, in the City of Toronto, did assault Anver Williams, causing him bodily harm, contrary to section 267(b) of the Criminal Code.

Donovan Tisi, how do you plead to this charge? Guilty or not guilty?

And further, that Donovan Tisi, who is a young person within the meaning of the Youth Criminal Justice Act, is further charged that he, on or about the 5th day of December 2006, in the City of Toronto did rob Anver Williams of one pair of basketball shoes and one baseball cap, contrary to section 343(2) of the Criminal Code.

The crown has elected to proceed summarily.

Donovan Tisi, how do you plead to this charge? Guilty or not guilty?


How to swear in Witnesses

If either one of the lawyers calls a witness during the trial then ask them to enter the witness box (closest to the reporter) and you will swear them in by saying:

Will you please state your name for the court? Please spell your first and last name. If the witness chooses to affirm, you ask:

Do you solemnly affirm that the evidence you are about to give, shall be the truth, the whole truth and nothing but the truth?

If the witness chooses to swear on the bible, you ask:

Do you swear that the evidence you are about to give, shall be the truth, the whole truth and nothing but the truth, so help you God?

How to Adjourn the Court for a Recess

After both the Crown and the Defence have made their closing arguments, the judge may recess before giving their verdict/sentence. When the judge is ready to adjourn, s/he will announce that the court is going to recess for _____ minutes (usually 10 or 15 minutes but the Judge will say the length of the break). When ready to adjourn, you stand and say:

All rise please. Court is in recess for _______ minutes. When the Judge is ready to return, you enter the courtroom and say:

Order in court all rise.

When the judge has sat down you say:

Court is now reconvened. Please be seated. Closing the Court

After the lawyers have made their closing arguments and the Jury has given its decision, then the Court is closed and you will say:

All rise please. Court is adjourned for the day.


PACKAGE FOR JUDGE & JURY PREPARING FOR TRIAL

JUDGE A judge’s role is to:

• Be a referee and explain to the jury what the law is. • If a lawyer objects to a question by another lawyer, decide whether or not the witness

must answer the question.

• At the end of the trial, summarize what the law and evidence is relating to this case.

• If it is a jury trial, instruct the jury who then decides if the accused is guilty or not.

• If the accused is found guilty decide what the sentence will be.

Jury Members A jury’s role is to:

• Listen to all of the evidence without making any decisions until the end of the trial about

the guilt or innocence of the accused • Listen to the judge describe the evidence and what the law is • Elect a Foreperson (spokesperson) to head the jury and give the final decision • Talk about the evidence with other jurors behind closed doors, then vote on the guilt or

innocence of the accused • Come up with a decision that all jurors agree on


PACKAGE FOR COURT SERVICES OFFICER PREPARING FOR TRIAL

Your role is to:

• Bring the accused into the courtroom.

• Help the judge in keeping order in the courtroom.

• Making sure the accused and the Jury are not threatened during the trial.

You can prepare for your role by reviewing the background documents and understanding what will happen during the trial.

The judge will expect you to escort anyone who becomes too loud or is not behaving out of the courtroom.


PACKAGE FOR COURT ARTISTS

PREPARING FOR TRIAL (2 artists)

In Canadian Courts, no cameras are allowed in the courtroom. Your job is to sketch what is taking place in the courtroom for record keeping and for reporting to the public. Perhaps your sketches might appear in the newspaper or on TV news.

Divide up the roles so that one of you is:

• Sketching the witnesses.

• Sketching the crown lawyers in action.

• Sketching the defence lawyers in action.



PACKAGE FOR THE PRESS PREPARING FOR TRIAL

(2 reporters, one form the Globe and Mail, one from the Toronto Star)

Things for you to think about reporting on:

• What is the name of the case?

• Who are the people involved?

• Which court is the trial taking place in?

• Is it a judge and a jury or just a judge?

• What things are you not allowed to report because the accused is a youth?

• Why is a trial taking place?

• What was the crime that the accused is charged with?

• What are the key facts?

• What is the outcome / decision?

• Is there anything you want to ask the Crown and Defence lawyers about after the case?

• Are there any other things you want to say about guns or violence in general in your article?

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