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ROLE PLAY

Exercise 9. Role play a mock trial. Choose a role card.

Background

On February 29 the complainant found his car (2014 Renault Duster license number 654 AK) stolen from the parking lot near his house. The next day the police officer stopped this car and arrested the driver. The defendant’s fingerprints were on the keys used to steal the car.

Remember that events in a trial take place in a particular order:

Step 1. Opening a court session. The presiding judge opens a session and announces the composition of the court.

Step 2. Opening statements. The lawyers for each side express their views on the case. The public prosecutor goes first and the defence lawyer goes next.

Step 3. Presentation of evidence. Witnesses are called and physical exhibits are shown.

Step 4. Final arguments. The final arguments are the lawyers’ last chance to talk about the evidence and to try to convince the judge to see the case the way they do.

Step 5. Deliberation. The judge goes to the retiring room to decide on the case.

ROLE CARD 1 Presiding judge Step 1. Ø Oktyabrsky district court in Vladimir city is now in session. We are hearing today the case № 1-375/2014 Ø Let me announce the composition of the court in today’s session: presiding judge (name), court reporter (name), public prosecutor (name), defence lawyer (name). Step 3. Ø The prosecution may call the complainant. Ø The prosecution may call the first witness. Ø The prosecution may call the second witness. Ø Does the defence have any questions? Ø The prosecution may call the defendant. Step 4. Ø Are you ready with final arguments? Step 5. Ø We announce an hour break to decide on a verdict.

ROLE CARD 2 Court reporter Step 1. Ø Let me announce who is taking part in today’s session: defendant (name), witnesses (names), complainant (name).

ROLE CARD 3 Public prosecutor Step 2. Ø Your Honor! The defendant has been charged with the crime of driving or taking a car belonging to the complainant, without the permission of the owner. The evidence will show that the 2014 Renault Duster license number 654 AK was stolen on the night of February 28. The next day the defendant was arrested driving the stolen car. The defendant’s fingerprints were on the keys used to steal the car. The evidence I present will prove to you that the defendant is guilty as charged.   Step 3. (questions for the complainant) Ø Where was your car on the night of February 28? Ø Did you see the car again on February 29? Ø Where were the car keys on the night of February 28? Ø Thank you, I have no further questions.   (questions for the arresting officer) Ø Were you on duty on the afternoon of February 29? Ø Did you observe the brown 2014 Renault Duster license number 654 AK that afternoon? Ø Did you stop it? Ø What did you do after the car stopped? Ø Do you see the driver here in court? Ø What did you find?   (questions for the fingerprint examiner) Ø Have you ever seen these keys before? Ø Did you find any fingerprints on the keys?   Step 4. Ø Your Honor! The defendant was arrested driving the car belonging to the complainant. No one had his permission to drive the car. The defendant admitted wanting to drive the car because it was fast. That shows that the defendant planned to keep the car for at least a little while. According to that fact you must find the defendant guilty.

ROLE CARD 4 Defence lawyer   Step 2. Ø Your Honor! During this trial, you will hear no real evidence against my client. You will come to know the truth: that the defendant was just riding in a car stolen by someone else. After finding out that the car was stolen, the defendant was just trying to do the right thing by returning the car to its owner. Therefore my client is not guilty.   Step 3. (questions for the fingerprint examiner) Ø As a matter of fact, you also found fingerprints on the keys which did not belong to the defendant, didn't you? Who do they belong to?   (questions for the defendant) Ø Where were you on the afternoon of February 29? Ø Did you see the 2014 Renault Duster license number 654 AK there? Ø Did you talk to the driver? What did he say? Ø How far did you ride? Ø What did you do after the driver got out of the car?   Step 4. Ø Your Honor! The defendant got unlucky to get into the car with the man who had stolen that car. He got into the car because he had never ridden in a Renault Duster before. My client’s fingerprints were found on the keys because he had to touch them when the officer pulled the car over. But the expert told you that other fingerprints were found on those keys that could not be identified. I suggest to you that they belong to the real thief. My defendant is an honest person and was only trying to return the car to its owner. You must find him not guilty.

ROLE CARD 5 Defendant   Step 2. (answers to the defender’s questions) Ø I was at the food store in Lenin Street. Ø Yes. A guy pulled into the parking lot driving it. Ø Yes, he said to get in the car and he would show me how fast it was. Ø In Moskovskaya Street, he said he was getting out and I could have the car. Ø I started to drive to Lenin Street so I could return the car and the police officer stopped me there and arrested.

ROLE CARD 6 Witness 1 (the arresting officer)   Step 3. (answers to the public prosecutor’s questions) Ø Yes, I wason duty on the afternoon of February, 29. Ø Yes, I observed this car that afternoon. Ø Yes, I stopped it. Ø I arrested the driver as I saw the car was wanted by the police. Ø Yes, he is over there. Ø I found the keys in the car. They looked like shaved master keys.

ROLE CARD 7 Witness 2 (the fingerprint examiner)   Step 3.   (answers to the public prosecutor’s questions) Ø Yes. I was asked to check them for fingerprints at my lab. Yes. The prints I found on two of the keys were identical to the fingerprints taken from the defendant.   (answers to the defender’s questions)   Ø I don't know who these fingerprints belong to.

ROLE CARD 8 Complainant   Step 3.   (answer’s to the public prosecutor’s questions) Ø My car was in the parking lot near my house on the night of February, 28. Ø No, on February, 29 I found that my car had disappeared. Ø The keys were in my pocket.