Tuesday, April 30, 2019

Mock Trial Preparation

AGENDA:

Handouts: Begin doing research

Participants
  • Judge (could be a visitor to class with legal experience)
  • Prosecutor(s) or plaintiff's attorney(s) in a civil case defense attorney(s)
  • Witnesses for the prosecution
  • Witnesses for the defense
  • bailiff (swears in witnesses and marks evidence)
  • Jury composed of twelve persons, one of whom should be named jury foreman, alternates may also be designated
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 (Jury Trials Only): 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. In order for the accused? 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?
WORK on prologue story

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