Mock Trials
Course
Court
Systems
and
Practices
Unit XI
Trial
Essential
Question
What does it
take to
perform
each of the
roles of the
professional
s in the
court
process?
TEKS
§130.296(c)
(4)(G)
Prior
Student
Learning
Understand
the trial
process and
each of the
roles of the
courtroom
players
Estimated
Time
8 hours
Rationale
Students need to understand the trial process and the role of each participant in a trial.
Students will demonstrate understanding of the trial process by stepping into one of the
roles in a mock trial.
Objectives
The student will be able to:
1. Identify the types of mock trials
2. Explore the roles of the players in a mock trial
3. Examine the steps in preparing a mock trial
4. Describe the order of events in a mock trial
Engage
Do an Internet search for Overbrook High School wins mock trial. Watch excerpts from
the high school mock trial. Discuss how the mock trial is similar to and different from a
real trial. Use the following questions for discussion and the Discussion Rubric for
assessment:
 What types of information was given to the jury?
 What level of professionalism was used in this mock trial?
 What techniques did the attorneys use?
Key Points
I. Mock Trial
A. A conflict or dispute in another matter that remains unresolved
B. Trial includes
1. General rules of evidence and procedures
2. Explanation of the basic facts
3. Brief statement for each witness
C. Cases should be drawn upon
1. Historical events
2. Trials of contemporary interest
3. School and/or classroom situations
4. Hypothetical fact patterns
II. Roles in a Mock Trial
A. Judge
1. Serves as a referee between the prosecution and the defense
2. Rules on motions, procedures, and the admissibility of evidence
3. Instructs the jury before deliberations
B. Prosecutor
1. Usually a member of the District Attorney’s office, City Attorney’s office, or
a state or federal attorney’s office
2. Must prove the defendant is guilty beyond a reasonable doubt
C. Defense attorney
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1. A member of a public defender’s office or a private attorney
2. Must prove the prosecution does not have enough evidence to prove guilt
beyond a reasonable doubt
D. Witness
1. Testifies on behalf of the prosecution or the defense
2. May be an expert in a field of study
3. Presents the facts of a case as personally experienced or known
E. Bailiff
1. The position held by a sheriff, marshal, or other law enforcement officer
2. Maintains order in the courtroom
3. Protects the jury from outside influence
4. Performs ceremonial duties such as calling the court to order
F. Jury
1. A panel of 6 or 12 members of the community
2. Their job is to determine if enough evidence exists to convict the
defendant of the crime charged
III. Steps in Preparing for a Mock Trial
A. Distribute case materials to the students
1. All persons involved should read the case in its entirety
a. May use a scripted or non-scripted case
b. May use a prepared mock trial or create one
c. Match the trial to student skill level (i.e., start off with one or more
scripted trials until the students understand the process)
B. Select students to play each role (hold auditions, ask for volunteers, or assign
roles)
C. Preparation of case materials
1. Divide students into the prosecution and the defense teams to assist the
attorneys with preparing the case
2. Develop direct examination questions for each witness
3. Become familiar with all of the witness statements
4. Determine the best method for cross-examination of the witness(es) on
the opposing side
5. Rearrange the classroom into a court setting if you do not have an actual,
designated courtroom
IV. Order of Events in a Mock Trial
A. Jury Selection
1. Select 6 to 12 jurors, depending on the size of your class
2. Remind these students that their job is to listen to the facts of the case and
determine whether or not the prosecution has proven its case beyond a
reasonable doubt
B. Opening Statements
1. Purpose is to educate the jury
2. The prosecution goes first, then the defense
3. Present the facts of the case and the witnesses to testify
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4. Outline the charges brought against the defendant and what the law
demands in response
C. Presentation of Evidence (Witness Testimony)
1. The prosecution will conduct direct examination of each of its witnesses
2. The defense will cross-examine each of the prosecution’s witnesses
3. After direct examination and cross-examination, a rebuttal is allowed by
both sides
4. Once all of the witnesses on a side have been presented, the side will
“rest” and the other side will present their evidence and testimony
D. Closing Arguments
1. Arguments made to the court and jury that review all the evidence
presented during the evidentiary phase
2. The attorneys will review witness testimony and evidence presented that
establish their cases
3. Attorneys will also try to persuade the jury to vote in their favor
4. Each attorney will point out “holes” in the other side’s case
5. The theme presented during opening statements should be used to tie the
whole case together
E. 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
(wither way, the instructor should be part of the deliberations to ensure that the
jury is on track and deliberating properly)
1. Select a jury foreperson
2. The jury foreperson will take an initial vote to see what deliberation needs
to occur
3. 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
4. Jurors should discuss opinions of those that are opposing the majority
5. You may have to remind them that even though they have knowledge of
the case, they cannot consider any information that was not presented
during the course of the trial
6. Review with the jury what it means to prove something “beyond a
reasonable doubt”
7. Once the jury has reached a unanimous decision, allow them to present it
to the court
8. Follow up with a class discussion. Allow students to give
thoughts/suggestions and give the jury an opportunity to point out what
would have changed their decision.
Activities
1. Mock Trial. Have students participate in a mock trial. You may create a script or use
one that is already written. The following instructions are based on the Mock Trial
Script Mom A. Bear, Pop A. Bear and Babe E. Bear v. Golden Locks a/k/a Gold E.
Locks
(http://www.19thcircuitcourt.state.il.us/resources/Documents/Publications/mt_glocks.
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pdf). Once students have read/heard the story of Goldilocks and the Three Bears,
brainstorm on the board the offenses that have been committed. Students need to
be able to identify the elements of each of the offenses selected. Once the
offense(s) have been identified, assign students with the court roles:
 Select a prosecutor(s) and a defense
 Assign the roles of Papa Bear, Mama Bear, Baby Bear and Goldilocks (each
of these characters will need to write a witness statement)
 Form the Defense and Prosecution teams. Provide copies of the witness
statements to both sides. The teams will work together to develop direct and
cross examination questions for each witness
 After all the questions have been written and witnesses have been prepped,
a jury should be selected
 The instructor will serve as the judge for this trial
 The trial will be presented and after its completion, the jury will deliberate
 The jury will present their decision to the court
 Discuss as a class the good points of the trial and what could have been
better
 Allow students to give feedback on the trial, prior to your evaluation
Use the Mock Trials Rubrics and the Group Evaluation Rubric for assessment as
needed.
Assessments
Mock Trials Exam and Key
Mock Trials: Attorney Rubric
Mock Trials: Jury Rubric
Mock Trials: Witness Rubric
Group Evaluation Rubric
Discussion Rubric
Individual Work Rubric
Materials
Mock Trials computer-based presentation
Copies of mock trial case chosen/prepared
Goldilocks and the Three Bears book (optional)
Resources
Nineteenth Judicial Circuit Court of Lake County, Illinois
http://www.19thcircuitcourt.state.il.us/services/Pages/mock_trials.aspx
Mock Trial Script Mom A. Bear, Pop A. Bear and Babe E. Bear v. Golden Locks a/k/a
Gold E. Locks
http://www.19thcircuitcourt.state.il.us/resources/Documents/Publications/mt_glocks.
pdf
People v. Carter adapted from Criminal Justice in America, Constitutional Rights
Foundation 2000 www.crcfc.org/americanjury/carter.pdf
Do an Internet search for the following:
 Overbrook High School wins mock trial
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

Class brain mock trial scripts for teens
Class brain mock trial resources
Accommodations for Learning Differences
For reinforcement, use several scripted mock trials with your class. These contain all the
elements that should be included in a mock trial. The scripts help the students to focus
on content more than presentation allowing them to learn the method of a trial and the
kind of information that should be presented by witnesses. Use the Mock Trial Rubrics
for assessment.
For enrichment, allow students to work in groups to write their own mock trial. They will
then swap cases and conduct a mock trial. Mock trials should have a charging
document, witness statements, any other needed documents for court, and evidence. All
elements of the crime must be contained within the witness statements. Use the
Individual Work Rubric for assessment.
State Education Standards
Texas Essential Knowledge and Skills for Career and Technical Education
§130.296. Court Systems and Practices (One to Two Credits).
(4)The student examines the steps by which a criminal charge is
processed through pretrial, trial and adjudication, and the
appellate stages. The student is expected to:
(G) Conduct a mock trial demonstrating understanding of the
Criminal trial procedure
College and Career Readiness Standards
English/Language Arts Standards
III. Speaking
A. Understand the elements of communication both in informal group
discussions and formal presentations
1. Understand how style and content of spoken language varies in
different contexts and influences the listener’s understanding.
2. Adjust presentation to particular audiences and purposes.
5
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Name________________________________ Date__________________________
Mock Trials Exam
1) _____Which of the following is not included in a trial?
a) Explanation of the basic facts
b) Hypothetical fact pattern
c) General rules of evidence and procedure
d) Brief statement for each witness
2) _____Mock trials should be based on all but which of the following:
a) Historical events
b) School/classroom situations
c) Resolved conflict and disputes
d) Trials of contemporary interest
Match the correct role with the correct "player" in a mock trial.
3) _____ Judge
a. Maintains order in the courtroom
4) _____ Prosecutor
b. Serves as referee between prosecution and defense
c. Decides guilt or innocence
5) _____ Bailiff
d. Provides factual evidence
6) _____ Jury
e. Must prove guilt beyond a reasonable doubt
7) _____ Witness
f. Attempts to create doubt in the mind of the jury
8) _____ Defense attorney
9) _____Which is true regarding distribution of case materials?
a) Scripted or non-scripted trials may be used
b) Only those serving on the jury should read the entire case
c) Start off with the most difficult case you can find
d) All of the above
10) _____The purpose of an opening statement is to
a) Educate the jury
b) Give all the facts of the case
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c) Identify the witnesses
d) Demand the jury to vote your way
11) _____During presentation of the evidence what is the order of events?
a) Direct examination, cross examination, rebuttal
b) Cross examination, rebuttal, direct examination
c) Direct examination, rebuttal, cross examination
d) Cross examination, direct examination, rebuttal
12) _____Closing arguments can best be defined as
a) Time to tell stories to the jury
b) Opportunities for attorneys to get emotional
c) Opportunities to educate the jury
d) Review of the facts of the case and all of the witnesses
What is the order for jury deliberation? Enter a number 1–5, 1 being the 1st step, 2 the 2nd, etc.
13) _____ Review definition of "beyond a reasonable
doubt"
14) _____ Take initial vote
15) _____ Select a foreperson
16) _____ Discuss vote and opinions
17) _____ Jury reaches a unanimous verdict
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Put the steps of a mock trial in order from beginning to end.
18) _____ Cross Examination
19) _____ Rebuttal
20) _____ Direct Examination
21) _____ Jury Deliberation
22) _____ Closing Arguments
23) _____ Jury selection
24) _____ Opening statement
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Mock Trials Exam Key
1) B
2) C
3) B
4) E
5) A
6) C
7) D
8) F
9) B
10) A
11) A
12) D
13) 4
14) 2
15) 1
16) 3
17) 5
18) 4
19) 5
20) 3
21) 7
22) 6
23) 1
24) 2
9
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Name_____________________________________Date_____________________________
Mock Trials: Attorneys Rubric
Objectives
Speaks Clearly
Professional
Attire
Preparedness
Posture and
Eye Contact
Enthusiasm
4 pts.
Excellent
3 pts.
Good
2 pts. Needs
Some
Improvement
1 pt. Needs
Much
Improvement
Speaks clearly and
distinctly all (95 100%) the time
without
mispronouncing any
words.
Business attire, very
professional look
Speaks clearly and
distinctly all (95 100%) the time, but
mispronounces one
word.
Speaks clearly and
distinctly most of (85 94%) the time and
mispronounces no more
than one word.
Often mumbles or
cannot be
understood OR
mispronounces
more than one word.
Casual business
attire
Student is completely
prepared and has
obviously rehearsed
Student seems
pretty prepared but
might have needed
a couple more
rehearsals
Stands up straight
and establishes eye
contact with
everyone in the
room during the
presentation
Casual business attire,
but wore sneakers or
seemed somewhat
wrinkled
Student is somewhat
prepared, but it is clear
that rehearsal was
lacking.
General attire not
appropriate for the
audience (i.e. jeans,
t-shirt, shorts)
Student does not
seem at all prepared
to present
Sometimes stands up
straight and establishes
eye contact
Slouches and/or
does not look at the
audience during the
presentation
Facial expressions and
body language are used
to try to generate
enthusiasm, but seem
somewhat insincere
Very little use of
facial expressions or
body language and
did not generate
much interest in the
topic being
presented
Stands up straight,
looks relaxed and
confident and
establishes eye
contact with everyone
in the room during the
presentation
Facial expressions
and body language
generate a strong
interest and
enthusiasm about the
topic in others
Facial expressions
and body language
sometimes generate
a strong interest and
enthusiasm about
the topic in others
Pts.
Total Points (20 pts.)
Comments:
10
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Name_____________________________________Date_____________________________
Mock Trials: Jury Rubric
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
Listen to
Evidence
Carefully
Student obtained the elements
of the charge from the
testimony and obtained all the
needed facts for the decision.
Student obtained some of the
elements of the charge from the
testimony and obtained some of
the facts needed for the decision.
Modeled
Listening
Behavior
Interpreted the
Facts of the
Case
Formed a Valid
Opinion
Student sat quietly and still.
Student did not talk to the
other jurors, laugh out loud, or
make disturbing comments.
Student was able to listen to
the testimony and relate it to
the elements of the case.
Student sat still but had problems
with one of these: talking,
laughing, or commenting.
Student did not obtain the
elements of the charge from
the testimony and did not
obtain the facts needed for
the decision.
Student did not sit still and
was talking, laughing, and/or
commenting.
Student was able to listen to the
testimony and understand most
of the elements of the case.
Student was unable to relate
the facts of the case from the
testimony given.
Student listened to the facts
and was able to develop a
decision in the case.
Student voiced his or her
opinion and was able to justify
it with the facts from the case.
Student listened to the facts but
had difficulty developing a
decision in the case.
Student voiced his or her opinion
but had no facts to back up that
opinion.
Student was unable to take
the facts presented and make
a valid decision in the case.
Student was unable to voice
an opinion or a decision in the
case.
Student was able to remain
cool when confronted with a
conflicting opinion.
Student was somewhat cool
when confronted by a conflicting
opinion.
Student lost his or her cool
when confronted with a
conflicting opinion.
Articulated an
Argument
During
Deliberation
Maintained
Composure
During
Deliberation
Pts.
Total Points (18 pts.)
Comments:
11
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Name_____________________________________Date_____________________________
Mock Trials: Witness Rubric
Objectives
Believability
Preparedness
Attire
Accuracy
Eye Contact
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
Student’s acting was very
believable and proper
emotions were displayed
throughout
Student acting was somewhat
believable, but it needed more
emotion or character to be
effective
Student was very prepared for
the testimony and presented
the materials easily to the jury.
Student obviously knew his or
her statement
Student was dressed
professionally and
appropriately for the part of the
witness
Student was 100% accurate
while providing facts contained
in his or her witness statement
Student was somewhat prepared
for the testimony, but struggled
with answering the questions
correctly
Student’s acting lacked
believability and had
inappropriate or lack of
emotion. The character was
damaging
Student was not prepared for
the testimony and could not
answer the questions about
the witness statement
Student made eye contact with
the attorney when questioned
and with the jury when
answering
Student made eye contact with
the attorney when questioned but
did not look at the jury when
answering
Student was dressed for the part
somewhat, but wore business
casual attire instead of
professional attire
Student was 50-75% accurate
while providing facts contained in
his or her witness statement
Pts.
Student did not dress the
part; he or she wore
inappropriate attire for a court
appearance
Student was less than 50%
accurate while providing facts
in his or her witness
statement
Student did not make eye
contact during questioning or
answering
Total Points (15 pts.)
Comments:
12
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Name_______________________________
Date________________
Group Evaluation
Group 1
Did the group take the assignment seriously?
No
1
2
3
4
5
6
8
9
Yes
10
Could you tell what the group was trying to portray?
No
1
2
3
4
5
6
7
8
9
Yes
10
Was the group portrayal creative?
No
1
2
3
4
5
8
9
Yes
10
9
Yes
10
6
Did the group include the correct elements?
No
1
2
3
4
5
6
7
7
7
8
Would you like to see this group demonstrate their talent for you in the future?
No
Yes
1
2
3
4
5
6
7
8
9
10
Total Score_______
Group 2
Did the group take the assignment seriously?
No
1
2
3
4
5
6
7
Could you tell what the group was trying to portray?
No
1
2
3
4
5
6
7
Was the group portrayal creative?
No
1
2
3
4
5
6
Did the group include the correct elements?
No
1
2
3
4
5
6
7
7
8
8
8
8
9
Yes
10
9
Yes
10
9
Yes
10
9
Yes
10
Would you like to see this group demonstrate their talent for you in the future?
No
Yes
1
2
3
4
5
6
7
8
9
10
Total Score_______
13
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Group 3
Did the group take the assignment seriously?
No
1
2
3
4
5
6
8
9
Yes
10
Could you tell what the group was trying to portray?
No
1
2
3
4
5
6
7
8
9
Yes
10
Was the group portrayal creative?
No
1
2
3
4
5
7
8
9
Yes
10
7
8
9
Yes
10
6
Did the group include the correct elements?
No
1
2
3
4
5
6
7
Would you like to see this group demonstrate their talent for you in the future?
No
Yes
1
2
3
4
5
6
7
8
9
10
Total Score_______
Group 4
Did the group take the assignment seriously?
No
1
2
3
4
5
6
8
9
Yes
10
Could you tell what the group was trying to portray?
No
1
2
3
4
5
6
7
8
9
Yes
10
Was the group portrayal creative?
No
1
2
3
4
5
7
8
9
Yes
10
7
8
9
Yes
10
6
Did the group include the correct elements?
No
1
2
3
4
5
6
7
Would you like to see this group demonstrate their talent for you in the future?
No
Yes
1
2
3
4
5
6
7
8
9
10
Total Score_______
14
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Group 5
Did the group take the assignment seriously?
No
1
2
3
4
5
6
8
9
Yes
10
Could you tell what the group was trying to portray?
No
1
2
3
4
5
6
7
8
9
Yes
10
Was the group portrayal creative?
No
1
2
3
4
5
7
8
9
Yes
10
7
8
9
Yes
10
6
Did the group include the correct elements?
No
1
2
3
4
5
6
7
Would you like to see this group demonstrate their talent for you in the future?
No
Yes
1
2
3
4
5
6
7
8
9
10
Total Score_______
Group 6
Did the group take the assignment seriously?
No
1
2
3
4
5
6
8
9
Yes
10
Could you tell what the group was trying to portray?
No
1
2
3
4
5
6
7
8
9
Yes
10
Was the group portrayal creative?
No
1
2
3
4
5
7
8
9
Yes
10
7
8
9
Yes
10
6
Did the group include the correct elements?
No
1
2
3
4
5
6
7
Would you like to see this group demonstrate their talent for you in the future?
No
Yes
1
2
3
4
5
6
7
8
9
10
Total Score_______
15
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Name_______________________________________
Date_______________________________
Discussion Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Participates in group discussion
Encourages others to join the
conversation
Keeps the discussion progressing
to achieve goals
Shares thoughts actively while
offering helpful recommendations to
others
Gives credit to others for their ideas
Respects the opinions of others
Involves others by asking questions
or requesting input
Expresses thoughts and ideas
clearly and effectively
Total Points (32 pts.)
Comments:
16
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Name______________________________________
Date_______________________________________
Individual Work Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Follows directions
Student completed the work as directed,
following the directions given, in order and to the
level of quality indicated
Time management
Student used time wisely and remained on task
100% of the time
Organization
Student kept notes and materials in a neat,
legible, and organized manner. Information was
readily retrieved
Evidence of learning
Student documented information in his or her
own words and can accurately answer questions
related to the information retrieved
*Research/Gathering information (if relevant)
Student used a variety of methods and sources
to gather information. Student took notes while
gathering information
Total Points (20 pts.)
Comments:
17
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