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

Mock TrialsCourt Systems and Practices

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

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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

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Mock Trial (continued)

Cases should be drawn upon Historical events Trials of contemporary interest School and/or classroom situations Hypothetical fact patterns

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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

5Copyright © 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

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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

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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

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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

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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

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

case in its entirety Roles assigned

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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

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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

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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

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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



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

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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

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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

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Resources Nineteenth Judicial Circuit Court of Lake County, Illinois

http://www.19thcircuitcourt.state.il.us/services/Pages/mock_trials.aspx

Mock Trial Script Mom A. Bear, Pop A. Bear and Babe E. Bear v. Golden Locks a/k/a Gold E. Locks http://www.19thcircuitcourt.state.il.us/resources/Documents/Publications/mt_glocks.pdf

People v. Carter adapted from Criminal Justice in America, Constitutional Rights Foundation 2000 www.crcfc.org/americanjury/carter.pdf

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

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http://www.19thcircuitcourt.state.il.us/resources/Documents/Publications/mt_glocks.pdf

http://www.19thcircuitcourt.state.il.us/resources/Documents/Publications/mt_glocks.pdf

http://www.crcfc.org/americanjury/carter.pdf

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

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