Mock Trial Opening Statement Your

Mock Trial

Opening Statement

Your Honor, ladies and gentlemen of the jury, good afternoon. My name is (name) and I will be the Prosecutor representing the state of California. Amendment IV to the United States Constitution. it's just as important as any other amendment in the most important legal document in our nation. The Fourth Amendment offers all American citizens protection against unlawful search and seizures. The Amendment ensures that no unreasonable search and seizure shall infringe on our right to privacy.

However, the ways that the Fourth Amendment is applied in daily life is relatively flexible. Sometimes we surrender our right to privacy such as when we enter a government building. We allow our purses and our persons to be searched. That is what this case is all about. The reasonable application of the Fourth Amendment to the Constitution. We are going to encourage you to think hard about the nature of the constitution and what it is designed to do, who it is designed to protect and why. Do you believe that it would be unreasonable to protect the nation's students while they are at school, for example?

Another issue I would like for you to consider is crime. A crime has been committed here, ladies and gentlemen. Of this we are sure. California law clearly states that any attempt -- however seemingly insignificant -- to defraud a person of their money is considered a theft. The value of property stolen in this case is rather easy to determine because the property at stake here was purchased on the Internet . The items and their value is therefore easily traceable.

Ladies and gentlemen of the jury, the police department of Mansfield, California was astonished to find their switchboards lighting up more than usual with calls from all over the city. Those calls were reporting credit card fraud. How would you feel if suddenly your credit card bill showed a list of items you had never purchased? You would most certainly feel violated. I would.

We the prosecution will show you that the defendant, a mature young lady named Madison Casco, knowingly took and then used the credit card numbers of people just like you and me to obtain products over the internet. You'd be shocked to find out she used her neighbors' credit cards -- even one that belonged to one of her favorite teacher -- to buy these items. She bought things like a digital camera with other people's money and then, and then here's where her brilliance truly shines. Madison Casco sold those items at a profit to her fellow students.

We're talking here about Grand Theft, ladies and gentlemen. What do you think of when you think of Grand Theft? Stolen cars maybe? That's right -- this young lady Madison Casco had at her fingertip the ability to purchase items as expensive as an automobile. Think about that. We will show you in no uncertain terms what the defendant bought -- or I should say stole. We will introduce you to some of the victims of the crime including the defendant's best friend. Or we should say, her former best friend. The value of the stolen goods in this case, ladies and gentlemen, far exceeds the $400 minimum that legally constitutes grand theft.

Another question you might be asking is, how naive is the defendant, really? She is so young. She seems innocent. Couldn't hurt a fly. She is someone's daughter. Maybe you have a son or daughter that age. A senior in high school. You may rightly feel sorry for such a young lady to have to sit on trial here when she should be at the mall or playing video games with friends. But instead, this young lady is sitting in a court room in California accused of a major crime. She is standing trial for grand theft. Maybe you're thinking, she should receive a slap on the wrist because how could she mean to hurt anyone?

Well, we want you to think hard about the credit cards in your wallet and the hard-earned money you use to purchase items with those cards. We the state of California are going to introduce to you the victims of the crime committed by these two young ladies. I want you to put yourself in their shoes and then tell me how you would feel if someone--anyone -- got a hold of your personal information, your private information, your identity, and used that information to buy stuff online. To commit Grand Theft.

Now, the defense is going to try to steer your minds away from the crime that was committed and will tell you that the police were not entitled to use canines in their search for drugs at - school. Of course, we as the state believe 100% in the protection of your rights and freedoms as Americans. We hold strong to the 4th Amendment of the constitution.

But in this case, these children were attending school. A key phrase in this trial is the "reasonable expectation of privacy." You and I have a reasonable expectation of privacy when we are in our own homes, don't we? But every time we enter into a government building -- like a school -- we knowingly surrender just a little of that privacy in order to protect the common good. it's just part of living in a big society.

Legal precedent has also shown us that schools are qualitatively different from our homes. Principals and schools have what the Supreme Court has referred to as "special needs." The "standard for reasonableness is lower than the probable cause requirement for most searches" (New jersey v. TLO p. 20). This is the key to understanding this case, ladies and gentlemen. Schools like Mansfield High have a special role in the community and therefore have special needs. The Supreme Court has found that the "standard for reasonableness is lower than the probable cause requirement for" a search that happens in our homes. We intend to show you in more detail why this is the case, based on several issues the Supreme Court outlined in similar school-related search cases.

Questions for Rory Brosnan

1. Please describe your background and professional experience, Officer Brosnan.

2. How did you find out about the credit card fraud problem in Mansfield, Officer Brosnan?

3. Can you please tell us what you know about credit card fraud, and how you came by that information?

4. To your knowledge, how does a person go about committing credit card fraud? Let's say I was interested in committing credit card fraud. What would I need to know to carry out the crime?

Would you say, in your professional opinion, that a young girl about Madison's age would be capable of committing credit card fraud?