Mock Trials Court Systems and Practices Copyright Texas

Mock Trials Court Systems and Practices

Copyright © Texas Education Agency, 2017. These Materials are copyrighted © and trademarked ™ as the property of the Texas Education Agency (TEA) and may not be reproduced without the express written permission of TEA, except under the following conditions: 1) Texas public school districts, charter schools, and Education Service Centers may reproduce and use copies of the Materials and Related Materials for the districts’ and schools’ educational use without obtaining permission from TEA. 2) Residents of the state of Texas may reproduce and use copies of the Materials and Related Materials for individual personal use only, without obtaining written permission of TEA. 3) Any portion reproduced must be reproduced in its entirety and remain unedited, unaltered and unchanged in any way. 4) No monetary charge can be made for the reproduced materials or any document containing them; however, a reasonable charge to cover only the cost of reproduction and distribution may be charged. Private entities or persons located in Texas that are not Texas public school districts, Texas Education Service Centers, or Texas charter schools or any entity, whether public or private, educational or non-educational, located outside the state of Texas MUST obtain written approval from TEA and will be required to enter into a license agreement that may involve the payment of a licensing fee or a royalty. For information contact: Office of Copyrights, Trademarks, License Agreements, and Royalties, Texas Education Agency, 1701 N. Congress Ave. , Austin, TX 78701 -1494; phone 512 -463 -7004; email: copyrights@tea. state. tx. us. Copyright © Texas Education Agency, 2017. All rights reserved. 2

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 Copyright © Texas Education Agency, 2017. All rights reserved. 3

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 Copyright © Texas Education Agency, 2017. All rights reserved. 4

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 Copyright © Texas Education Agency, 2017. All rights reserved. 5

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 Copyright © Texas Education Agency, 2017. All rights reserved. 6

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 Copyright © Texas Education Agency, 2017. All rights reserved. 7

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 Copyright © Texas Education Agency, 2017. All rights reserved. 8

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 Copyright © Texas Education Agency, 2017. All rights reserved. 9

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 Copyright © Texas Education Agency, 2017. All rights reserved. 10

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 Copyright © Texas Education Agency, 2017. All rights reserved. 11

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 Copyright © Texas Education Agency, 2017. All rights reserved. 12

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 Copyright © Texas Education Agency, 2017. All rights reserved. 13

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 Copyright © Texas Education Agency, 2017. All rights reserved. 14

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 Copyright © Texas Education Agency, 2017. All rights reserved. 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 Copyright © Texas Education Agency, 2017. All rights reserved. 16