Mock Trials Court Systems and Practices

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Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Mock Trial A conflict or dispute in another matter that remains unresolved Trial includes General rules of evidence and procedures Explanation of the basic facts Brief statement for each witness 3

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Mock Trial (continued) Cases should be drawn upon Historical events Trials of contemporary interest School and/or classroom situations Hypothetical fact patterns 4

Roles in a Mock Trial: Judge Serves as a referee between the prosecution and the defense Rules on motions, procedures, and the admissibility of evidence Instructs the jury before deliberation 5 Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission.

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Roles in a Mock Trial: Prosecutor Usually a member of the District Attorney’s office, City Attorney’s office, or state or federal attorney’s office Must prove the defendant is guilty beyond a reasonable doubt 6

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Roles in a Mock Trial: Defense Attorney Member of a public defender’s office or a private attorney Must prove the prosecution does not have enough evidence to prove guilt beyond a reasonable doubt 7

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Roles in a Mock Trial: Witness Testifies on behalf of the prosecution or the defense May be an expert in a field of study Presents the facts of a case as personally experienced or known 8

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Roles in a Mock Trial: Bailiff Position held by a sheriff, marshal, or other law enforcement officer Maintains order in the courtroom Protects the jury from outside influence Performs ceremonial duties such as calling the court to order 9

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Roles in a Mock Trial: Jury A panel of 6 or 12 members of the community Their job is to determine if enough evidence exists to convict the defendant of the crime charged 10

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Steps in Preparing for a Mock Trial Case materials distributed All persons involved should read the case in its entirety Roles assigned 11

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Steps in Preparing for a Mock Trial (continued) Case materials prepared Join the prosecution or the defense teams to assist the attorneys with preparing the case Develop direct examination questions for each witness Become familiar with all of the witness statements Determine the best method for cross-examination of the witness(es) on the opposing side 12

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Order of Events in a Mock Trial Jury Selection Select 6 to 12 jurors, depending on the size of your class Remember that the jury’s job is to listen to the facts of the case and to determine whether or not the prosecution has proven its case beyond a reasonable doubt 13

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Order of Events in a Mock Trial (continued) Opening Statements Purpose is to educate the jury The prosecution goes first, then the defense Present the facts of the case and the witnesses to testify Outline the charges brought against the defendant and what the law demands in response 14

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Order of Events in a Mock Trial (continued) Presentation of Evidence (Witness Testimony) The prosecution will conduct direct examination on each of its witnesses The defense will cross-examine each of the prosecution’s witnesses After direct examination and cross-examination, a rebuttal is allowed by both sides Once all of the witnesses on a side have been presented, the side will “rest” and the other side will then present their evidence and testimony 15

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Order of Events in a Mock Trial (continued) Closing Arguments Arguments made to the court and jury that review all the evidence presented during the evidentiary phase The attorneys will review witness testimony and evidence presented that establish their cases Attorneys will also try to persuade the jury to vote in their favor Each attorney will point out “holes” in the other side’s case The theme presented during opening statements should be used to tie the whole case together 16

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Order of Events in a Mock Trial (continued) Jury Deliberation – jurors can be removed from the court to an alternate location, or deliberations can be held in front of the class as a discussion Select a jury foreperson The jury foreperson will take an initial vote to see what deliberation needs to occur Allow the jury members to express why they voted the way they did. Each person should be allowed to state their opinion without being interrupted or put down Jurors should discuss opinions of those that are opposing the majority 17

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Order of Events in a Mock Trial (continued) Jury Deliberation (continued) Remember that even though you may have knowledge of the case, you cannot consider any information that was not presented during the course of the trial Remember what it means to prove something “beyond a reasonable doubt” Once the jury has reached a unanimous decision present it to the court 18

Copyright © Texas Education Agency All rights reserved. Images and other multimedia content used with permission. Resources Nineteenth Judicial Circuit Court of Lake County, Illinois spx spx Mock Trial Script Mom A. Bear, Pop A. Bear and Babe E. Bear v. Golden Locks a/k/a Gold E. Locks tions/mt_glocks.pdf tions/mt_glocks.pdf People v. Carter adapted from Criminal Justice in America, Constitutional Rights Foundation Do an Internet search for the following: Overbrook High School wins mock trial Class brain mock trial scripts for teens Class brain mock trial resources 19