MOCK TRIAL EXERCISE

IMPORTANT DATES:

Thursday, January 11th

-Mock Trial Group Placement

Thursday, January 25th

-In Class Group Meeting

-Select Team Leader by Today (This person will serve as a contact between the group and the Professor)

Tuesday, January 30th

-Mock Trial Case Selection made and submitted

Tuesday, February 27th

-Case Summary, Opening & Closing Statements Due

Thursday, March 8th

-In Class Group Meeting

-List of Roles Due

Tuesday, March 27th

-In Class Group Meeting

-Evidence, Witness List, and Witness Statements must be submitted

Tuesday, April 3rd

-In Class Group Meeting

Thursday, April 5th

-In Class Group Meeting

-Any additional important information must be turned in

Tuesday, April 10th – Thursday, April 19th

-Mock Trials

The mock trial begins where an actual trial would begin, with a conflict or dispute that parties involved would be unable to resolve on their own. This mock trial will use general rules of evidence and procedure (as you will learn much of this throughout the semester leading up to this exercise). There are generally two ways to conduct a mock trial. One way consists of rigid rules and carefully followed scripts. The other way allows for more flexibility and expanded creative freedom on behalf of the student participants involved. We will be using the later of the two methods with our mock trial exercise in this course. While we are using this script-free method, we will also make a serious attempt to simulate the trial process based on simplified rules of evidence and procedure.

The class will be broken up into two groups for this exercise. Each group will have two class days to conduct the mock trial. There will also be some overflow time allowed if it is necessary. While one group is conducting the mock trial, the other group will serve as the jury for the case and will decide the case outcome. The jury will receive instructions from the judge (myself) on what should come into play when making their decision. While in some ways we are trying to imitate reality, we are more concerned in creating a learning experience with this exercise.

You will be graded on based on your overall performance and the effort put forth in your role and a follow-up questionnaire sheet that you will turn in.

Grades are influenced by:

Group Dynamic

Turning Assignments in on time

Consistency among items submitted to the Professor

Individual performance in the trial

Presentation of the case

Overall group performance

Mock Trial Follow Up Questionnaire

ACTORS

While one group serves as the jury, the other group will consist of a number of important courtroom actors. This includes:

Prosecutor(s). Depending on group size, you may have a primary prosecutor and an assistant or two.

Defense Attorney(s): Depending on the group size, you may have a primary defense attorney and an assistant or two.

Defendant: Someone will have to play the role of the defendant for each case.

Witnesses for the Prosecution: Aim for 2-4 witnesses for the prosecution side depending on your group’s size.

Witnesses for the Defense: Aim for 2-4 witnesses for the defense side depending on your group’s size.

Baliff: The baliff will swear in witnesses and marks evidence.

The Jury: The jury will need to choose a jury foreman, who will be the spokesperson for the jury group.

ADDITIONAL ROLES

There are a number of additional actors that you can feel free to utilize depending on the number of students in your group. These positions include: court reporter, news reporters, witness coaches, and attorney consultants.

You may be able to come to a decision in who will play which role in your mock trial. However, the easiest way to make this determination would be to draw roles from a hat. From there, you can trade positions if necessary.

While you will be working as a group in many early and late aspects of trial preparation, you will also be working independently. For instance, prosecutors may work with prosecution witnesses while defense attorneys will work with defense witnesses. In situations like this, the prosecutor might rehearse questions that he or she will ask to his or her witnesses and so on and so forth.

Also, please be sure to choose a Team Leader by January 25th. This team leader will serve as the contact point between the group and the Professor.

OTHER NOTES

Witnesses for both sides will also be required to write witness statements regarding what they have witnessed. These statements must follow the witness testimony that the witness provides in the courtroom.

Witness statements and evidence must be shared. This information should be provided to opposing sides prior to the beginning of the trial. Student attorneys should develop questions to ask their own witnesses and rehearse their direct examination with these witnesses. Witnesses should become thoroughly familiar with their witness statements so that their testimony will not be inconsistent with their witness statements. (These statements which may be considered to be sworn to pretrial depositions or affidavits, can be used by the other side to impeach a witness who testifies inconsistently with the statement.)

While some attorney-witness groups are constructing the questions and testimony for direct examination, other attorneys should be thinking about how they will cross-examine the witnesses for the other side. As mentioned, the purpose of cross-examination is to make the other side’s witnesses seem less believable if the eyes of those determining the facts of the case (i.e., the jurors). Leading questions, sometimes requiring only a yes or no answer, are permitted. Frequently it is wise to ask relatively few questions on cross-examination so that the witness will not have an opportunity to reemphasize strong points to the jury.

During cross-examination, for example, the prosecutor might try to suggest that the testimony of the defense witnesses is inconsistent.

The closing arguments are rather challenging since they must be flexible presentations, reviewing not only the evidence presented for one’s side but also underscoring weaknesses and inconsistencies in the other side’s case which arise out of the trial proceedings.

Simplified Steps in a Trial:

1. Calling of Case by Bailiff: “All rise. The Court of ______is now in session. Honorable Judge ______presiding.

2. Opening Statement: First the prosecutor (criminal case) or plaintiff’s attorney (civil case), then the defendant’s attorney, explain what their evidence will be and what they will try to prove.

3. Prosecution’s or Plaintiff’s Case: Witnesses are called to testify (direct examination) and other physical evidence is introduced. Each witness called is cross-examined ‘(questioned so as to break down the story or be discredited) by the defense.

4. Defendant’s Case: Same as the third step except that defense calls witnesses for direct examination; cross-examination by prosecution/plaintiff.

5. Closing Statement: An attorney for each side reviews the evidence presented and asks for a decision in his/her favor.

6. Jury Instructions: The Judge explains to the jury appropriate rules of law that it is to consider in weighing the evidence. As a general rule, the prosecution (or the plaintiff in a civil case) must meet the burden of proof in order to prevail. In a criminal case this burden is very high (beyond a reasonable doubt). Are some parts of the trial more important than others? Would you trust a jury of your peers to determine your guilt or innocence? Students should also explore their reactions to playing attorneys, witnesses, jurors, and the judge. What roles do each play in the trial process?

This should provide as a wonderful learning experience for you all. Not only will you have the opportunity to play an important role in a trial, you will also serve a jury member in deciding the outcome of a case. You should utilize this learning experience to the maximum potential.

OTHER IMPORTANT NOTES:

On direct examination (that is, either the plaintiff’s or defendant’s attorneys questioning their own witnesses), questions should not be leading - - they should not have the answer included as part of the question. Leading questions may, however, be used in cross-examining a witness in order to impeach the witness’ credibility in the testimony. (Don’t ask, Did you see Mr. Smith wearing a red shirt that day?”)

Students should understand that the jury determines the facts in a case, primarily through their acceptance or rejection of the testimony offered by various witnesses for both sides. The judge deals with questions of law and explains to the jurors the key legal issue in the case.

MOCK TRIAL FOLLOW-UPNAME ______

1)What was your role in the trial?

2)What did you learn from the role that you played?

3)What are some of the challenges that you faced in your role?

4)What are some of the challenges that your group faced as a whole?

5)What did you learn from the overall trial experience?

6)When serving on the jury, did group members come to an initial agreement when first deliberating?

7)Additional Comments/Thoughts:

8)What changes would you make to this exercise for future courses?

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