PROSECUTION EVIDENCE AND CROSS-EXAMINATION WORKSHEET
Things needed in a Factual Basis:
Time and date of offense:
Location of offence:
Name of participants:
Witness or officers involved or present:
What are the actual elements of the case?:
Example (Factual Basis):
On January 5th, 2014 Jay Smith, a freshman, and another student were involved in an altercation at Best High School during transition between 1st and 2nd period. Jay Smith was referred to Teen Court and was charged with Disorderly Conduct and Simple Affray. The other student was not referred to Teen Court.
OPENING STATEMENT PROSECUTION
YOUR HONOR, MAY IT PLEASE THE COURT?
Members of the jury, my name is ______and along with
______, represent the state.
(PAUSE and make EYE CONTACT with JURY)
This is case # ______
The people versus ______. (Defendant)
The defendant has been charged and has pled guilty to violating ______
______. (Say the charge in simple legal language)
This is a Teen Court Level _____ offense.
(PAUSE and make EYE CONTACT with JURY)
On ______(date), the defendant
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(Simply describe what the defendant did)
(PAUSE and make EYE CONTACT with JURY)
During the trial we will prove: (List important points you intend to make during the trial)
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(PAUSE and make EYE CONTACT with JURY)
At the end of the trial we will ask you for an appropriate sentence that takes into account the severity of the defendant’s actions. Thank you.
Example:
Members of the jury, my name is Maya Caldwell and along with (name of second chair if you have one) represent the state. This is case # 14-TC-08 P. The people versus Jay Smith. The defendant has been charged and has pled guilty to Disorderly Conduct and Simple Affray.This is a Teen Court Level 1 offense. On January 5th the defendant was in the hallway between classes when another student approached him. Based on the SRO’s statement both students seemed to be upset and Jay walked away. Jay approached the other student again and a fight broke out. A teacher nearby had to break up the fight and the SRO had to help keep the students apart.During the trial we will prove that not only did this fight take place, disrupting students, but that Jay had a chance to walk away and came back to fight anyway. We will show that Jay understands that fighting is against school policy and decided to break those rules anyway, regardless of the consequences. At the end of the trial we will ask you for an appropriate sentence that takes into account the severity of the defendant’s actions. Thank you.
CROSS-EXAMINATION QUESTIONS (These should be yes or no type questions that follow a correct time sequence)
Try not to ask a question that you do not know the answer to. Sometimes they will respond differently than you had intended. The goal is to ask questions that allows the jury to see that they are guilty of the crime. Often questions ending in “didn’t you” are good to use. Using “Did you or Didn’t you” is helpful.
“You came back to the situation knowing there was a chance you were going to fight, didn’t you?
“Did you or did you not know that there was a zero tolerance policy to fighting?”
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CLOSING STATEMENT PROSECUTION
(The goal is to show the seriousness of the crime, share what you proved during the trial, share how the crime affected others) Things to keep in mind to mention if it is relevant:
-Was a lessoned learned?
-Was the crime planned?
YOUR HONOR, MAY IT PLEASE THE COURT?
Members of the jury, during the trial we proved: (Review important points made during the trial)
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(PAUSE and make EYE CONTACT with JURY)
You heard: (Review important testimony of the defendant and/or other witnesses)
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(PAUSE and make EYE CONTACT with JURY)
We now ask for an appropriate sentence based on these recommendations: (Refer to sentencing guidelines)
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Thank you for your time and consideration in this case.
Example:
Members of the jury, during the trial we proved that Jay knew that if he did not leave the situation that there was going to be a fight. He knew that if he chose to fight, he would get in trouble.You heard that even though he sought help from school staff before, he chose to go against school policy anyway and jeopardize his future. The incident also disrupted the school as a whole. We now ask for an appropriate sentence based on these recommendations: 8 hours of community service, 2 jury duty, and an essay on “How getting charged as an adult in North Carolina can affect his future goals”. Thank you for your time and consideration in this case.
THREE MUST USE PHRASES:
“YOUR HONOR” (When speaking to the judge – Always stand)
“MAY IT PLEASE THE COURT?” (Before beginning opening or closing statements)
“MAY I INQUIRE?” (Before beginning direct or cross examination questioning)