Script for Mock Trial

SCRIPT FOR MOCK TRIAL

OPENING OF THE COURT DAY #1

BY THE COURT OFFICER (BAILIFF OR CLERK)

“Hear, ye, Hear ye, the court is now open and in session. The honorable Judge ______(student judge name here) is presiding. All persons having business before the court come to order. This is the case of the State of Virginia vs. Bud Weiser. Would you all rise, please? (Judge enters at this time.) Are all persons connected with this case present and prepared? (Teacher must answer!) Are the attorneys for the prosecution and your witnesses present? (Prosecuting lawyers answer) Are the attorneys for the defense and your witnesses present? (Defense lawyers answer) Let the record show that all parties in this case are present and prepared.”

SWEARING IN OF THE JURY STANDING:

“Do you swear to serve as a juror in this trial to the best of your ability, honestly, conscientiously, so help you God?” (Jurors answer, I do.) “Be Seated.”

INSTRUCTIONS BY THE JUDGE TO THE JURY:

The defendant is accused of two crimes:

·  Contributing to the delinquency of a minor – Gross misdemeanor

o  Punishable by a sentence of ninety-one days to one year in prison or a fine of $500 or both

·  Second degree manslaughter – Culpable negligence - Requires that a person be grossly negligent while consciously creating an unreasonable risk with chance of causing death or great bodily harm to another

o  Punishable by imprisonment for not more than seven years or by payment of a fine of not more than $7,000 or both

JUDGE: The Prosecution will present opening statements followed by opening statements from the Defense. The Prosecuting Attorney will now give your opening statement.

THE PROSECUTING ATTORNEY WILL GIVE THEIR OPENING STATEMENT.

JUDGE: The Defense Attorney will now give your opening statement.

THE DEFENSE ATTORNEY WILL GIVE THEIR OPENING STATEMENT.

JUDGE: The Prosecuting Attorney will now call your witnesses.

1.  PROSECUTING ATTORNEY: The Prosecuting Attorney would like to call ______(Name of the witness being called at this time).

DIRECT EXAMINATION OF THE WITNESS BY THE PROSECUTION: The Prosecuting Attorney will call each witness they wish to call. The Bailiff will swear in each witness as they are called to the stand. The Defense Attorney will then Cross each Witness if they choose to do so.

2.  BAILIFF SWEARING IN OF EACH WITNESS AS THEY ARE CALLED TO TESTIFY:

“Do you swear to tell the truth, the whole truth, and nothing but the truth in this case, under penalty of perjury, so help you God?” (Witness responds, I do!) “State your name and occupation and be seated on the witness chair.”

3.  PROSECUTING ATTORNEY with direct examination: The Prosecuting Attorney will now question their witness. (When the Prosecuting Attorney is finished): Your witness.

4.  JUDGE (when the Prosecuting Attorney finishes): Defense would you like to cross examine this witness.

5.  DEFENSE ATTORNEY will Cross Examine: The Defense Attorney will now question the witness. (When the Defense Attorney is finished): No further questions your Honor.

6.  JUDGE to the Prosecuting Attorney: Your next witness.

The Process (Steps 1-6) will continue until the Prosecution has called all of their witnesses.

7.  When the Prosecuting Attorney has called all of their witnesses, the Prosecuting Attorney will respond: No further witnesses your Honor.

8.  JUDGE to the Defense Attorney: Defense would you like to call any witnesses at this time?

9.  DEFENSE ATTORNEY: The Defense would like to call ______.

10. BAILIFF SWEARING IN OF EACH WITNESS AS THEY ARE CALLED TO TESTIFY:

“Do you swear to tell the truth, the whole truth, and nothing but the truth in this case, under penalty of perjury, so help you God?” (Witness responds, I do!) “State your name and occupation and be seated on the witness chair.”

11. DEFENSE ATTORNEY with direct examination: The Defense Attorney will now question their witness. (When the Defense Attorney is finished): Your witness.

12. JUDGE (when the Defense Attorney finishes): Prosecution would you like to cross examine this witness.

13. PROSECUTION ATTORNEY will Cross Examine: The Prosecution Attorney will now question the witness. (When the Prosecution Attorney is finished): No further questions your Honor.

14. JUDGE to the Defense Attorney: Your next witness.

The Process (Steps 9-13) will continue until the Defense has called all of their witnesses.

When the Defense Attorney has called all of their witnesses, the Defense Attorney will respond: The Defense rest.

15. JUDGE: We will now begin with Closing Arguments by Prosecution.

16. PROSECUTION ATTORNEY: Will give their Closing Arguments (and then sit down).

17. DEFENSE ATTORNEY: Will give their Closing Arguments (and then sit down).

JUDGE talking to the Jury: Jury members, you have now heard the evidence. Now it is your job to decide whether Bud Weiser contributed to the delinquency of a minor and second degree manslaughter.

You will now be sequestered and are not to discuss this case outside of class with anyone except your fellow jurors until the verdict is read.

Will you please go with the bailiff to the jury room? When you have decided, the bailiff will bring you back to tell us what you decided.

THE BAILIFF WILL NOW TAKE THE JURY TO THE DESIGNATED AREA TO DELIBERATE.

JUDGE TO THE JURY FORMAN: Have you reached a verdict?

JURY FORMAN: Yes, we have Your Honor.

JUDGE: What is the verdict?

FORMAN WILL READ THE VERDICT.

JUDGE: Thank you Jury Members.

JUDGE TO THE DEFENDANT: Mr. Weiser would you like to speak?

DEFENDANT WILL GIVE THE PRE-SENTENCE SPEECH (if he wishes)

JUDGE WILL GIVE THE SENTENCING BY THE COURT IF THE DEFENDANT IS FOUND GUILTY: Bud Weiser you have been found guilty of ______and your punishment is ______.

JUDGE: Court is adjourned!

OPENING OF THE COURT FOR THE SECOND DAY OF THE TRIAL:

BY THE COURT OFFICER (BAILIFF OR CLERK)

“Hear ye, Hear ye, the court is now open and in session. The honorable Judge ______will be presiding. All persons having business before the court come to order. This is the second day in this case of the State of Virginia vs. Bud Weiser. Would you all rise, please? (Judge enters at this time.) Are all persons connected with this case present and prepared? Are all the attorneys for the prosecution and your witnesses present? Are the attorneys for the defense and your witnesses present? Let the record show that all parties in this case are present and prepared.”

WE WILL PICK UP WHEREEVER WE STOPPED LAST CLASS.