How to Prepare and Conduct a Successful Mock Trial for Middle School Students

From the Classroom

To the Courtroom

John Stevens

7th Grade Government Teacher

Beth Tfiloh Dahan Community School

Introduction

I am a middle school teacher. More specifically, I am a licensed attorney who gave up the practice of law to teach. I believe that students go to school to become equipped with the information that they will need to have successful careers and lives. Our jobs as teachers are to provide that information in a way that will be interesting, educational, and that they will retain.

I have taught in Jewish day schools for the last 15 years as a 5th, 6th, and 7th grade teacher. My duties now include teaching our middle school government course to 7th grade students. Students in the 7th grade are transitioning from concrete to abstract thinking and are ready to take on the abstractions and nuances of learning about our government and the law. This isn’t, however, law school, and it must be remembered that the audience is, after all, only 12 years old.

Our government class covers the history and content of the United States Constitution and the relevance of the document to students today. It is very important to make that connection of information taught in class to students’ everyday lives, both now and in the future.

One of the ways in which I try to make the information taught in class “come alive” for students and give it “real world” applications is by teaching the spring unit as a sort of mini 7th grade “law school.” We have guests come and talk to the class that include a Secret Service agent who talks about counterfeiting and a police officer who teaches arrest procedures. We cover criminal and civil procedure as outlined in the Constitution and students are tested in the traditional way over the material.

As a culminating activity for the class, our students prepare for and conduct a mock trial. Students must prepare their opening and closing statements, direct and cross examination questions, and anything else that will be presented in court. Each student participates in both a trial and on a jury for one of the other class trials, thus giving them experience in both areas.

The result of their work is always impressive, to say the least. I have prepared middle school students for mock trials for approximately 15 years and students always rise to the occasion. The students enjoy the opportunity to see an actual courtroom, talk to a judge, and see actual court proceedings in addition to conducting their own trial.

I have attached the material for how to conduct a mock trial with this introduction. I encourage you as a middle school social studies teacher to “give it a try.” I can assure you that both you and your students will enjoy the experience, and, more importantly, students will learn and retain what they learn.

Links to the actual mock trial and the reading of the verdict by the jury are given below. The enthusiasm of the students in presenting their sides of the case is contagious and I encourage you to watch! (I am very proud of these guys!)

Student Trial:

Jury’s Verdict:

Unit Plan

I did not write our mock trial unit out in a traditional lesson plan format. I instead wrote in narrative form to allow the reader to see the flow of the process. I hope I have been successful in this. The unit is a LOT of fun and students both enjoy it and learn a great deal in the process. I strongly encourage you to give it a try!

This mock trial activity is designed for our 7th grade government classes. It is intended to be a culminating activity for our units on civil and criminal justice and the court system. Upon completion of these units in class, students are equipped with the knowledge necessary to take their learning to the next level and apply that learning to a real life setting, an actual courtroom at the county courthouse. In addition to learning in the classroom, our government class takes a tour of the local courthouse prior to our mock trials and visits courtrooms to see how the court system works.

Each of the students in our government classes participates in court as an attorney, witness, judge, or bailiff in a mock criminal trial in an actual courtroom. In addition, each student sits on a jury for one of the mock trials conducted by one of the other government classes, deliberates with the other students on the jury, and renders a verdict in the case.

Our court unit consists of citizen’s rights under the United States Constitution in both civil and criminal trials. Courtroom procedure is part of the unit and students are encouraged to participate in the “truth” of various issues by debates in class as an introduction to the courtroom fact finding process. At the end of the in-class unit, the mock trial activity is introduced.

The student handouts used in one of our jury trials are included in this description of our mock trial. Reference is made to each handout as necessary. A new scenario is written each year and changes from time to time.

Students are initially taught in class about each of the “players” in a courtroom. They receive handout #1 which gives them a description of the role of each player listed. Each player is described in detail and students are allowed to choose the role that they feel best suits them in the trial. I keep track of each student’s role by filling out the matrix that is attached as handout #2.

The prosecution and defense teams are comprised of five or six students who act as attorneys. They are given a form on which the duties of opening statement, direct and cross examination, and closing statement are listed (handout #3.) Each team determines who will perform each task. This allows each student attorney a chance to prepare and preform approximately 3 duties for their side during the trial.

The next handout is the confidentiality agreement, which is handout #4. The classes are taught about attorney/client privilege and the importance of keeping certain information secret. Witnesses are instructed to not disclose anything about their version of the facts in the case unless asked by one of the student attorneys during the “discovery” phase of the activity. All students are required to sign the agreements.

The next phase of preparation is to practice reading a witness statement, finding the important information, and formulating questions for direct and cross examination. This is done with several practice scenarios such as are found in handouts #5 and #6. Students take turns as a witness, and as prosecution and defense attorneys. They learn how to testify in court, and how to conduct a direct and cross examination.

Students also learn about the definition of hearsay and how it applies to testimony in court. Handout #7 is given to each student and is covered in class.

The big day finally arrives and the case is revealed to each class. Each class receives a different set of facts and a totally different case. All students in each class are reminded about confidentiality and that one of the other government classes will be their jury. It is important that the information about the case does not leave the room (except for telling parents, of course!) Copies of each witness statement for the case are included with this unit plan and are labeled “Handouts for Witnesses.” Each handout is labeled either for the prosecution or defense teams.

The prosecution and defense teams are allowed to work separately out of the room and decide who will perform each task. While they are out of the room, each witness receives his or her witness statement and is cautioned that it is to be kept confidential. Each witness has information about the case that can help and/or hurt the prosecution and the defense.

When the class has completed everything up to this point, we begin discovery. Each lawyer is permitted to “question” his or her witness during class and prepare questions to ask in court. Parents who are attorneys often come to our class to help the student attorneys question each witness during “discovery” and formulate what will be said in court. While most of the class is working on discovery, student attorneys who will be giving the opening and closing statements work on what they will say in court.

Once we have finished discovery, we rehearse the trial in class. Secrecy is very important at this point because one of the other government classes will be the jury and they should not find out anything about the case prior to hearing it in court. Each class goes through a dry run of the trial at least twice before we actually go to court.

Finally, the big day arrives and we go to the courthouse. I work with a local judge who is more than happy to “loan” us his courtroom for our trials. He also allows our class to visit his courtroom on an earlier date when he is conducting real court proceedings and students can see first-hand how a trial is conducted in real life.

When we arrive at the courthouse for our mock trials, thejudge and courtroom personnel talk to the students about what they do in a trial and their jobs in general. Students then take their places and the trials begin. Parents are encouraged to come and watch their children try a case. We always have a VERY full courtroom!

The mock trial is run by our student judge and bailiff. Students by this point in the process have learned how to conduct a trial and know what to do. The mock trial itself normally takes about an hour.

Once each trial is concluded, the student jury is given the applicable law (handout #8) and retires to the jury deliberation room to discuss the case. They are given 10 minutes to deliberate and the verdict is by majority vote. When the jury returns, the verdict is read to the court. I can’t begin to tell you how invested in the case students become. I have included a link in the introduction portion to video from the case for which I am providing materials to you. Watch the verdict portion of the videos and you will see what I mean!

This activity is a great way to end our unit on criminal and civil law in our government course, and is also a great way to end the year. Students learn from actually seeing real court proceedings AND actually participating in proceedings that are as close to the real thing as possible!

Student Handouts

Handout #1- Trial Personnel

Handout #2- Trial Matrix

Handout #3- Attorney Duties

Handout #4- Ethical Agreement

Handout #5- Practice Witness

Handout #6- Practice Witness Questions

Handout #7- Hearsay

Handout #8- Applicable Law

Handouts for Witnesses

Prosecution-

Officer Brenda May

Larry Stevens

Mike Milleson

Allen Critchlow

Paula Brown

Defense-

Defendant- Mary Stevens

Barbara Jenkins

Bill Button

Bruce Allen

Handout #1

Trial Personnel

Prosecuting Attorney- The prosecuting attorney represents the interests of the people or the state. The office from which the prosecuting attorney works is called the State’s Attorney’s office in the state of Maryland. Other states may call it the office of the District Attorney.

The prosecuting attorney must first determine if he or she believes that there is enough evidence to take a matter to court and prosecute a defendant. If there is enough evidence to make a case, the prosecuting attorney files a complaint on behalf of the state against the defendant. The complaint must allege the crimes of which the defendant is charged.

In the trial itself, the prosecuting attorney represents the interests of the state, and goes first in the trial. Prosecution witnesses are brought into court and testify by the prosecuting attorney questioning each witness. In the questioning, it is important that the prosecuting attorney bring out the case against the defendant in a step by step, sequential manner. After the prosecuting attorney completes the examination of each witness, the defense attorney is allowed to cross examine them.

Defense Attorney- The defense attorney represents the interests of the defendant. This is done through the cross examination of prosecution witnesses, and by putting on a case for the defendant at the conclusion of the prosecution witnesses. The defense attorney will call witnesses to represent the defendant’s side of the story, and will question each witness in the same step by step, sequential manner. The prosecuting attorney has the same right to cross examination of each defense witness as the defense attorney did with the prosecution witnesses.

The defense attorney must represent his or her client to the best of their ability. This means that, although the defense attorney may not like his or her client or not believe in their innocence, they must use their best efforts in representing the defendant.

Defendant- The defendant is the person charged with a crime. The defendant will be charged with the crime by having a complaint filed against them listing the specific crimes with which they are charged. The defendant may have a defense attorney represent him or her, or may choose to represent themself “pro se”, or on their own. A judge may need to approve this wish, and will make a determination that the defendant understands the consequences of representing him or herself.

Judge- The judge is the person responsible with overseeing the trial, and ensuring that the rule of law is followed. The judge will rule on objections by attorneys, admission of evidence, and other matters in the courtroom. The judge is also responsible for instructing the jury, after receiving proposed jury instructions from both parties, and making sure that the jury reaches a verdict within the rule of law.

Jury- A jury is a group of people that are chosen to hear the evidence in a legal matter and come to a decision regarding the issues in the matter based on the evidence presented in the courtroom. It is very important for the jury to remember that they can only consider the evidence presented in the courtroom, and not consider anything else that they may know or have heard. Juries will usually consist of 6 to 12 people, with several alternate jurors involved in the event that a juror becomes ill or otherwise incapacitated.

Witness- A witness is a person who saw something regarding the matter being heard in court, or has some other information relevant to the case. The witness may be an eyewitness to a crime, having actually seen the crime occur. The witness may also be someone acquainted with the defendant who can testify where the defendant was at the time of the crime. Witnesses may also testify to such things as records or documents, and to other matters.

Bailiff- The bailiff is the officer who swears in witnesses and keeps order in the courtroom. He or she follows the orders of the judge if the need arises.

Handout #2

Prosecution Atty #1 / Prosecution Atty #2 / Prosecution Atty #3 / Prosecution Atty #4
Prosecution #5 / Prosecution Atty #6 / Prosecution Witness #1- Officer Brenda May / Prosecution Witness #2- Larry Stevens
Prosecution Witness #3- Mike Milleson / Prosecution Witness #4- Allen Critchlow / Prosecution Witness #5- Paula Brown / Prosecution Witness #6
Judge- / Bailiff
Defense Atty #1 / Defense Atty #2 / Defense Atty #3 / Defense Atty #4
Defense Atty #5 / Defense Atty #6 / Defendant- Mary Stevens / Defense witness #2- Barbara Jenkins
Defense Witness #3- Bill Button / Defense Witness #4- Bruce Allen / Defense Witness #5-

Handout #3

Attorney Duties

Opening Statements

Opening Statement for Prosecution: ______

Opening Statement for Defense: ______