Mock Trials Court Systems and Practices Mock Trial

Mock Trial n n A conflict or dispute in another matter that remains unresolved

Mock Trial (continued) n Cases should be drawn upon n n Historical events Trials

Roles in a Mock Trial: Judge n n n Serves as a referee between

Roles in a Mock Trial: Prosecutor n n Usually a member of the District

Roles in a Mock Trial: Defense Attorney n n Member of a public defender’s

Roles in a Mock Trial: Witness n n n Testifies on behalf of the

Roles in a Mock Trial: Bailiff n n Position held by a sheriff, marshal,

Roles in a Mock Trial: Jury n n A panel of 6 or 12

Steps in Preparing for a Mock Trial n n n Case materials distributed All

Steps in Preparing for a Mock Trial (continued) n Case materials prepared n n

Order of Events in a Mock Trial n Jury Selection n n Select 6

Order of Events in a Mock Trial (continued) n Opening Statements n n Purpose

Order of Events in a Mock Trial (continued) n Presentation of Evidence (Witness Testimony)

Order of Events in a Mock Trial (continued) n Closing Arguments n n n

Order of Events in a Mock Trial (continued) n Jury Deliberation – jurors can

Order of Events in a Mock Trial (continued) n Jury Deliberation (continued) n n

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Mock Trials Court Systems and Practices

Mock Trial n n A conflict or dispute in another matter that remains unresolved Trial includes n n n General rules of evidence and procedures Explanation of the basic facts Brief statement for each witness Santa Teresa High School Intro to LPSCS Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 2

Mock Trial (continued) n Cases should be drawn upon n n Historical events Trials of contemporary interest School and/or classroom situations Hypothetical fact patterns Santa Teresa High School Intro to LPSCS Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 3

Roles in a Mock Trial: Judge n n n Serves as a referee between the prosecution and the defense Rules on motions, procedures, and the admissibility of evidence Instructs the jury before deliberation Santa Teresa High School Intro to LPSCS Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 4

Roles in a Mock Trial: Prosecutor n n 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 Santa Teresa High School Intro to LPSCS Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 5

Roles in a Mock Trial: Defense Attorney n n 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 Santa Teresa High School Intro to LPSCS Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 6

Roles in a Mock Trial: Witness n n n 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 Santa Teresa High School Intro to LPSCS Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 7

Roles in a Mock Trial: Bailiff n n 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 Santa Teresa High School Intro to LPSCS Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 8

Roles in a Mock Trial: Jury n n 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 Santa Teresa High School Intro to LPSCS Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 9

Steps in Preparing for a Mock Trial n n n Case materials distributed All persons involved should read the case in its entirety Roles assigned Santa Teresa High School Intro to LPSCS Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 10

Steps in Preparing for a Mock Trial (continued) n Case materials prepared n n 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 Santa Teresa High School Intro to LPSCS Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 11

Order of Events in a Mock Trial n Jury Selection n n 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 Santa Teresa High School Intro to LPSCS Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 12

Order of Events in a Mock Trial (continued) n Opening Statements n n 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 Santa Teresa High School Intro to LPSCS Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 13

Order of Events in a Mock Trial (continued) n Presentation of Evidence (Witness Testimony) n n 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 Santa Teresa High School Intro to LPSCS Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 14

Order of Events in a Mock Trial (continued) n Closing Arguments n n n 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 Santa Teresa High School Intro to LPSCS Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 15

Order of Events in a Mock Trial (continued) n 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 n n 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 Santa Teresa High School Intro to LPSCS Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 16

Order of Events in a Mock Trial (continued) n Jury Deliberation (continued) n n n 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 Santa Teresa High School Intro to LPSCS Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 17