1. 12 MOCK TRIAL 12.1 Concepts of Advocacy 12.2 Evidentiary Quest
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MOCK TRIAL
12.1 Concepts of Advocacy
12.2 Evidentiary Quest
12.3 The Trial
Chapter 1

2. Banking Understand a jury trial. Describe the mock trial process.
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12.1 CONCEPTS OF ADVOCACY
GOALS
Understand a jury trial.
Describe the mock trial process.
Chapter 1

3. TERMS
trial
defendant
advocate
prosecutor
defense attorney

4. alleged
plaintiff
judge
jury
verdict
witness

6. There are two types of trials.
Jury Trial
Trial
A formal procedure where parties come together and present information before a judge and/or jury in order to achieve a resolution
There are two types of trials.
Criminal
A violation of the law
Non-criminal
The violation of the right of one or more persons

7. A person is innocent until proven guilty in a court of law.
Defendant
The person or entity charged with violating the law or the rights of others
A person is innocent until proven guilty in a court of law.

8. Attorneys Advocate Prosecutor
A person who gathers as much information as possible to make an argument that supports his or her side
Prosecutor
A person who is the representative of government
Makes the case that the person is guilty

9. Defense attorney Alleged A person who represents the accused
Gathers information that challenges the prosecutor’s argument
Shows why his or her client is innocent
Alleged
A harm that is charged but not proven

10. Most trials are argued before a jury.
Plaintiff
In non-criminal cases, the person who is suing another person or company
Judge
The person who oversees the trial to make sure
The trial is fair
The information presented is in accord with the law and trial procedure
Most trials are argued before a jury.

11. Jury
Jury
A group of twelve adult citizens who
Listen to everything that goes on in the trial
Evaluate everything
Reach a decision
Verdict
The decision reached by the jury during a trial
A jury decides in favor of whichever side has proven beyond a reasonable doubt the guilt or innocence of the defendant.

12. Preparing for a Mock Trial
Mock trials usually have eight students.
Only six students participate in the round.
A few months prior to the trial, team members are provided with the following information:
Specific charges being filed
Who those charges are being filed against
Rules that must be followed
Documents meant to help recreate the specifics of the case

13. Roles available to play include:
Prosecuting Attorney
Prosecution Team
Defense Attorney
Defense Team
Witnesses
People who can provide information that supports one side of the case
Swear under oath to tell the truth

14. Pick your role based on your strongest skill.
Students who are not members of the competing teams may play the following roles:
Judge
Bailiff
Court Recorder
Jury
Twelve students

15. Prosecution
The prosecution can choose from a variety of strategies to present the case.
Hard evidence
Eyewitnesses, expert witnesses, or other testimony
Undermining
The defense witnesses
The defense’s arguments and/or evidence

16. Appealing to prior actions or bad character of the accused
Using data and/or persuasive argument

17. Strategies for defending a client include:
Defense
The defense team interviews the defendant to get as much information as possible.
Strategies for defending a client include:
An alibi
Good character and/or lack of previous arrests
Highlighting the lack of evidence presented by the prosecution
Prosecutorial weaknesses

18. The defense must prove beyond a reasonable doubt that his or her client is innocent.

19. GOALS 12.2 EVIDENTIARY QUEST
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12.2 EVIDENTIARY QUEST
GOALS
Define and give examples of different types of evidence.
Explain the rules of physical evidence.
Chapter 1

20. TERMS evidence testimony affidavit rules of evidence physical evidence
circumstantial evidence
DNA

22. Evidence Evidence Testimony
Information that proves that the defendant is guilty or not guilty
Testimony
Statements of individuals who were involved with the case
One person’s version of events

23. Testimony as Evidence Affidavits
Written statements that provide testimony from a person in some way involved with the case
Signed by the person providing the testimony
Sealed by a notary public

24. Testimony at Trial Rules of evidence
Although they vary according to the case and the court, in general the rules of evidence are as follows:
Leading questions are only allowed in cross-examination
Character information can only be used if that person’s character is an issue in the case
Refreshing the recollection of a witness is allowed

25. Attorneys may impeach witnesses. Hearsay is inadmissible as evidence.
The scope of cross-examination is limited to matters that were discussed during direct examination.
Attorneys may impeach witnesses.
Hearsay is inadmissible as evidence.
Witness opinions are not permissible as evidence.
Except for opinions about what the witness personally heard or saw
Expert testimony and professional opinions are usually accepted as evidence.
Only evidence relevant to the case may be presented and admitted.

26. Physical Evidence Physical evidence
Those concrete objects or substances that are connected to the case
Weapon
Blood
Fingerprints
Items at a crime scene that belong to someone other than the victim

27. In a civil suit, physical evidence may include:
Written statements from experts
Either an object or a model of an object that is alleged to have caused an injury
Documents that show relevant information

28. Steps must be followed when physical evidence is introduced into a case.
The item must be shown to
The judge
Opposing counsel
Witnesses
The evidence must be offered into evidence via a request to the judge.
The judge must decide whether to admit the item as evidence.

29. Circumstantial evidence
Arises from facts that tend to prove other facts by inference

30. New Scientific Evidence
DNA (deoxyribonucleic acid)
Genetic material that is unique to every single person
Except identical twins
Often required to prove guilt for capital crimes
Especially if the death penalty may be imposed

31. GOALS Understand the opening procedure at a mock trial.
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12.3 THE TRIAL
GOALS
Understand the opening procedure at a mock trial.
Describe direct examination and cross-examination.
Understand the criteria for evaluation at a mock trial.
Chapter 1

32. TERMS perjury direct examination leading question sustain objection
cross-examination
impeaching

34. Opening Procedure
The trial begins when the judge comes into court.
The jury may only use presented evidence to determine a verdict.

35. At the beginning of the trial, opening statements are made by
The prosecutor
The defense attorney
The purpose of the opening statement is to introduce the attorneys to the jurors.

36. The opening statement should accomplish the following goals:
Prosecutor
The opening statement should accomplish the following goals:
Introduces the prosecuting attorney
Presents the facts of the case from the prosecutor’s point of view
Identifies the most important facts
Explains how these facts will be proven
Concludes with an appeal for attention to the material and the arguments of the case

37. The goals of the defense attorney’s opening statement include:
Introduces the defense attorney
Presents the defense’s theory about the case
Including why the defendant is not guilty
May refer to facts that weaken the prosecutor’s case
Provides a brief overview of defense witnesses
Concludes with an appeal for the jury to be open to its arguments and facts

38. Perjury
Lying under oath
Punishable by jail time in a real trial

39. Presenting Evidence
The prosecuting attorney presents evidence.
The defense attorney cross-examines each witness.
When the prosecution rests, the defense makes its case and calls defense witnesses.
The defense attorney conducts the direct examination.
The prosecutor conducts cross-examination.

40. Direct Examination Direct examination
When the attorney who calls the witness questions the witness
Questioning is directed at getting the witness to make a statement that supports the attorney’s case

41. Leading questions Sustain Objection
Questions that elicit a simple “yes” or “no” answer from the witness
Sustain
When the judge upholds an objection
Objection
When one attorney rises to object to a question posed by another attorney

42. Cross-Examination Cross-examination
Questioning by the attorney who did not call the witness
Cross-examination must attack and raise questions about the witness’s testimony.
The intent is to get the jury to question the reliability of the witness’s testimony.
Leading questions are permitted.

43. Cross-examination should follow from direct examination.
Impeaching
Diminishing the witness’s character by asking about
Past conduct
Prior arrests
Possible biases
Other accusations
Cross-examination should follow from direct examination.
Should not bring in extraneous facts

44. Objections

45. Summations A summation should
Reinforce one’s point of view in the eyes of the jurors
Be short and sweet
Highlight the facts that support the attorney’s case
Be logical and to the point

46. Although procedures may vary, things that typically occur include:
Final Judgments
Although procedures may vary, things that typically occur include:
A panel of judges evaluates each team
Points from 1-10 are awarded to each attorney and witness
Points may be deducted for
Providing testimony that is outside of the case
Abuse of objections
Inappropriate behavior