So you are the CROWN PROSECUTOR
Duties : The Crown prosecutor must help maintain law and order in our society.
When a crime is committed, the Crown prosecutor’s job is to bring all the facts of the crime to the courtroom.
The Crown must prove:
_ The date
_ The place
_ That the crime was committed
_ That the accused is the culprit
_ That all the elements of the crime have been fulfilled
Note: the “elements” of the crime are all the little acts that go to make up the final complete transaction or crime. The Crown must prove all these things to a certainty beyond a reasonable doubt.
Strategy Notes : How to be a Crown prosecutor for a Mock Trial:
1. BEFORE YOU BEGIN, you will need to think about the following ideas: a) Who are you?
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When you play one of the roles in a mock trial, you need to know as much as you can about WHO that character is. Imagine what it feels like to be a
Crown prosecutor. What would a Crown prosecutor wear in court? How would s/he walk into the courtroom? How would s/he speak? What kind of language would s/he use?
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There are many ways to study your role. You may find someone who is a
Crown prosecutor to tell you what it’s like. Practice your role. Try to BE that role. b) What is important in a trial?
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An accused is innocent until proven guilty. Think about this idea. Talk about it with your classmates and teacher. What does it really mean? How would a trial be different if we didn’t believe in this idea? Keep this idea in mind throughout the trial. c) What happens in a trial?
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A trial is a formal event. Your teacher has materials that outline the correct steps for holding a trial. Make sure you know what the steps are and why they happen before you begin the trial.
2. PREPARE YOUR CASE
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Read the indictment. It will tell you what crime the police believe has been committed as well as when and where they believe it was committed. It will also tell you who is accused of committing the crime. Finally the indictment lists the witnesses the Crown intends to call.

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Read the applicable law. Pick out all the elements so that you know what you have to prove about the crime.
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Talk to witnesses and find out the following information:
• What happened?
• Where?
• When (date and time)?
• Who was at the scene of the crime?
• Did the act show any other qualities necessary to fulfill the elements of the crime: for example intention?
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Remember that you have to prove these facts as well as all the elements of the crime set out in the law.
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When you interview your witnesses, practice asking questions so that they relax and are able to tell their accounts of the crime. Remember that you may not ask them any leading questions in direct examination during the trial.
3. PLAN WHAT INFORMATION YOU NEED TO PROVE YOUR CASE
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Decide which witnesses you will call. Make sure you bring all the facts of the crime to the courtroom.
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Decide in what order you will be calling your witnesses. Try to start at the beginning of the incident and continue to the end.
4. PLAN HOW TO GET YOUR INFORMATION INTO COURT a) Opening statement (Crown Prosecutor)
Purpose: to inform the judge of the nature of the case and to acquaint the court with the essential facts. Defence counsel does not permit argument, discussion of law, or objections.
Include:
• Name of the case.
• Your name and your colleague’s name.
• Opponent counsel's name.
Avoid:
• The facts and circumstances that led to the charge.
• Conclusion.
• Too much detail. It will only tire and confuse the judge.
• A run down of the testimony of eyewitnesses.
• Exaggeration and overstatement. Don’t use such phrases as,
“prove it to a mathematical certainty”, or “prove it absolutely beyond a question.”
• Argument. It violates the function of the opening and you risk rebuke from the bench.
• Anticipating the defence. It is improper and might result in a mistrial.
• Walking or pacing. It distracts and irritates judges.

b) Lawyers must follow rules of evidence so that a fair trial ensues. You must plan your strategy within these rules:
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No leading questions of witnesses during direct examination.
• A witness must tell what happened without any prompting. You may ask your witness what happened, but you may not ask questions, which give away what answer you want.
Correct: Tell us what you saw.
Incorrect: Did you see the green truck hit the red car?
Correct: What happened next?
Incorrect: Did he hit him then?
Correct: How fast was the car travelling?
Incorrect: Would you say that the car was travelling at 100 km/hour??
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No
• You may only ask your witness about those things which s/he saw or experienced. A witness may not talk about things s/he has been told by someone else.
Correct: I saw five cats in Mrs. Smith’s kitchen.
Incorrect: Joan told me Mrs. Smith has five cats.
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No
• You may not ask your witness’ opinion about things other than common knowledge unless s/he is an expert in the field. For example, an average citizen can give an opinion about the speed of a car, or the height of a person. However, only an expert, an auto mechanic for example, could give an opinion about the condition of the brake linings in a car. c) If you plan to enter exhibits you should check to be sure they are entered properly. Exhibits must be entered according the following procedure:
• A witness must identify the item.
• The witness must tell the court what his/her connection with the item is.
• Then the witness must tell what connection the item has with the crime (that is, is it a map or the area of where the crime took place, goods that were stolen, a weapon found near a body, etc?)
• Once the witness has shown the item’s connection to the case and to him, the lawyer asks that the item be entered as an exhibit.
• The judge asks if there are any objections.
• If there are no objections, the item is given to the clerk.
• The clerk puts a label on the item. The date and ‘Exhibit 1’ (1, 2, 3 etc.) are put on the label.
• The clerk then shows the item to the judge.
• The clerk keeps the item on the table.
NOTE: to establish the chain of control of the item, all the witnesses who have handled the exhibit must testify.

5. ANTICIPATE YOUR OPPOSITION a) Once you have prepared your case, you should spend time thinking about the other side’s case. Place yourself in the Defence lawyer’s shoes. Ask yourself what points s/he will try to make. Make sure your own witnesses have covered them. b) Be ready to question the Defence lawyer’s witnesses on points where they disagree with the evidence of your witnesses or other Defence witnesses.
This questioning is called cross-examination.
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In cross-examination you may ask leading questions of witnesses called by the Defence lawyer. Your job in cross-examination is to show any biases, mistakes, or contradictions in the witness’ testimony and to bring out further evidence concerning the case. Therefore, youwill ask questions to pinpoint specific information which you want made clear, such as:
Was the traffic light red?
Did the thief have curly hair?
Could the falling snow have impaired your vision?
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Be careful not to harass the witness because that will only confuse the witness and may influence the judge against you or your case.
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Never ask a question unless you know what the answer is. You may receive a statement that defeats your case. c) Each lawyer has a responsibility to see that the evidence is presented correctly. Thus, if you think the Defence lawyer is not following the rules of evidence, you should object to the questions. For example, you may make the following objections:
“Objection, your Honour. The question is irrelevant” (It has no meaning in regards to the matter.)
“Objection, your Honour. That evidence is hearsay.” (Recounting of someone else’s experiences.)
“Objection, your Honour. Counsel is asking for an opinion this witness is not qualified to give.”
“Objection, your Honour. Counsel is leading his witness.” (Asking questions improperly.)
“Objection, your Honour. Counsel is harassing the witness.”
(Pursuing a point unnecessarily in cross – examination.)
Once Counsel objects to a question, the judge stops the examination and may ask the examining Counsel to explain why he is pursuing that line of questioning.
The judge then makes a decision as to whether the objection is to be overruled or sustained if the objection is overruled, the examining lawyer may continue; if it is sustained, he must withdraw the question. At the trial the judge’s word is final.
The ruling on an objection may be grounds for an appeal to a higher court.

6. PREPARE YOUR SUMMATION
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Be sure you tell the judge how you have proven your case. The Crown must prove:
The date
The place
That the crime was committed
That the accused is the culprit
That all the elements of the crime have been fulfilled
NOTE: The ‘elements’ of the crime are all the little acts that go to make up the final complete transaction or crime. The Crown must prove all these things to a certainty beyond a reasonable doubt.