1. Mock Trials
Court Systems and Practices

3. 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
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. 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. 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. 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. 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. 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. Steps in preparing for a Mock Trial
Case materials distributed
All persons involved should read the case in its entirety
Roles assigned
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

11. 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
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

12. Order of events in a Mock Trial
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

13. Order of events in a Mock Trial
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

14. Order of events in a Mock Trial
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

15. Order of events in a Mock Trial
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

16. Order of events in a Mock Trial
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