Mock Trial Step-by-Step: Judge’s Feedback and Decision

Mock Trial Step-by-Step: Judge’s Feedback and Decision

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At the end of the closing statements, the
judge will stand up and bow to the lawyers The lawyers will also stand up, bow back to the judge and the judge will leave the courtroom And then the judge will often come back in and give the lawyers feedback – which is
one of the most important parts of the mock trial It gives the judge an opportunity to say to
the lawyers what worked and what didn’t work and give them some tips for future
experiences that they might have and the judge will, occasionally in a
mock trial, either give a decision or give the lawyers some sense of the way that they were leaning in terms of making a decision But the important thing to remember is that in a mock trial it’s really not a win or a lose kind of situation What you’re really doing is getting the experience and often the judge’s decision will be
just a result of the facts that you’re given and not something that you did
right or wrong so it’s important to just take away from the experience the tips that the judge gives you Thank you counsel for your assistance I’m going to take a break of a few moments to consider the evidence as well as
your closing arguments and I will return in a few moments’ time and render a verdict All rise, please Court is recessed Order in the court. All rise Court is now reconvened. Please be seated I’d like to thank all of you for your
patience and I would like to commend cousel for the very able jobs that you did At this point, I would ordinarily give a
detailed review and assessment of all the evidence However given the nature of this
exercise, I am going to be very brief Mr. Donovan Tisi has been charged
with robbery and assault causing bodily harm In particular, it is alleged that on the
evening of March 10th, 2010 Mr. Tisi and another
individual brutally attacked Mr. Anver Williams and stole his running shoes In order for Mr. Tisi to be found
guilty of these offences the Crown must establish the essential elements of each of these two offences beyond a reasonable doubt I have no doubt that Mr. Williams was indeed assaulted and robbed the evening of March 10th The sole issue in this case is whether
it was Mr. Tisi who was one of the two individuals who was responsible I do not question Mr. Williams’
credibility However, there are inherent frailties to
eyewitness identification notwithstanding that the identification
is honestly made There is an unfortunate record in this
country of cases in which individuals have been wrongfully convicted on the
basis of eyewitness testimony The court therefore must be very
cautious in relying on this testimony alone as a basis for a finding of guilt I also found Mr. Wong to be a credible
witness I accept his testimony that he indeed did see Mr. Williams on the evening of March 10th at some point before 8 p.m. It is possible that Mr. Tisi would have both been in the alleyway the evening of March 10th – encountered Mr. Williams at that time and then gone on to the recreation
centre at which point he saw Mr. Wong However, there was no evidence before me as to the time it would take to get to from Mr. Tisi’s home to the recreation centre except for Mr. Tisi’s evidence I appreciate that Mr. Williams had a
horrible experience the evening of March 10th It is understandable that he would want
to see the perpetrator called to account However, our criminal justice system
requires that before someone could be found guilty of a criminal offence their guilt must be established beyond a
reasonable doubt In the circumstances of this case, based
on the evidence that I heard I conclude that the Crown has not established its case beyond a reasonable doubt Mr. Tisi, I would ask you to stand
now I therefore find you not guilty of the two offences with which you have been charged Judge: You are free to leave. Thank you. All rise, please Court is adjourned for the day

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