Mock Trials Court Systems and Practices. Copyright Texas Education Agency 2011. All rights...

17

Click here to load reader

description

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 3 Santa Teresa High School Intro to LPSCS

Transcript of Mock Trials Court Systems and Practices. Copyright Texas Education Agency 2011. All rights...

Page 1: Mock Trials Court Systems and Practices. Copyright  Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

Mock TrialsCourt Systems and Practices

Page 2: Mock Trials Court Systems and Practices. Copyright  Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

Copyright © Texas Education Agency 2011. 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

2Santa Teresa High School Intro to LPSCS

Page 3: Mock Trials Court Systems and Practices. Copyright  Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

Copyright © Texas Education Agency 2011. 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

3Santa Teresa High School Intro to LPSCS

Page 4: Mock Trials Court Systems and Practices. Copyright  Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

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

4Copyright © Texas Education Agency 2011. All rights reserved.

Images and other multimedia content used with permission. Santa Teresa High School Intro to LPSCS

Page 5: Mock Trials Court Systems and Practices. Copyright  Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

Copyright © Texas Education Agency 2011. 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

5Santa Teresa High School Intro to LPSCS

Page 6: Mock Trials Court Systems and Practices. Copyright  Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

Copyright © Texas Education Agency 2011. 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

6Santa Teresa High School Intro to LPSCS

Page 7: Mock Trials Court Systems and Practices. Copyright  Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

Copyright © Texas Education Agency 2011. 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

7Santa Teresa High School Intro to LPSCS

Page 8: Mock Trials Court Systems and Practices. Copyright  Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

Copyright © Texas Education Agency 2011. 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

8Santa Teresa High School Intro to LPSCS

Page 9: Mock Trials Court Systems and Practices. Copyright  Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

Copyright © Texas Education Agency 2011. 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

9Santa Teresa High School Intro to LPSCS

Page 10: Mock Trials Court Systems and Practices. Copyright  Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

Copyright © Texas Education Agency 2011. All rights reserved.Images and other multimedia content used with permission. 

Steps in Preparingfor a Mock Trial Case materials distributed All persons involved should read the

case in its entirety Roles assigned

10Santa Teresa High School Intro to LPSCS

Page 11: Mock Trials Court Systems and Practices. Copyright  Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

Copyright © Texas Education Agency 2011. All rights reserved.Images and other multimedia content used with permission. 

Steps in Preparingfor 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

11Santa Teresa High School Intro to LPSCS

Page 12: Mock Trials Court Systems and Practices. Copyright  Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

Copyright © Texas Education Agency 2011. 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

12Santa Teresa High School Intro to LPSCS

Page 13: Mock Trials Court Systems and Practices. Copyright  Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

Copyright © Texas Education Agency 2011. 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

13Santa Teresa High School Intro to LPSCS

Page 14: Mock Trials Court Systems and Practices. Copyright  Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

Copyright © Texas Education Agency 2011. 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 14Santa Teresa High School Intro to LPSCS

Page 15: Mock Trials Court Systems and Practices. Copyright  Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

Copyright © Texas Education Agency 2011. 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

15Santa Teresa High School Intro to LPSCS

Page 16: Mock Trials Court Systems and Practices. Copyright  Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

Copyright © Texas Education Agency 2011. 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

16Santa Teresa High School Intro to LPSCS

Page 17: Mock Trials Court Systems and Practices. Copyright  Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission.

Copyright © Texas Education Agency 2011. 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

17Santa Teresa High School Intro to LPSCS