Things to Know for the Trial
Prosecution and Defense
You may call as many witnesses as needed, but they may only be called once.
You may also contradiction something the other side has said as long as they have
questioned first. It might be useful to ask general questions in the beginning and then get
more and more specific. For example, you could ask the defendant, “Do you know
Jackie Walker?” and then ask “How well did you know Ms. Walker?” It helps to build
on information you have already proved so it is not in question later.
Objections
You may object on the following terms:
Relevancy – Do the questions being asked have anything to do with the trial? For
example if the defendant in this case was asked, “What’s your mother’s name?”
This question isn’t relevant and therefore should not be asked.
Leading the witness on – is the opposing side leading the witness to believe their
version of the story. For example, if Jackie Walker was asked by the defense “So
it is possible that Ms. Patti Collins was intoxicated before she came to your
party.” The witness must say yes because it has not been proven untrue, but the
witness has also been lead onto state what the prosecution wants them to. This is
not allowed.
Badgering the witness – This is the opposing side being cruel or hostile to the
witness. For example, are they yelling at them or call them names? These types
of things should not happen and may be objected to.
Jury
Listen to everything that occurs. Do not zone out so that when it comes time for
you to make your decision you are basing it on personal opinion instead of facts
presented at the trial. Read the Jury Handbook. Determine which team of lawyers did
the best job in presenting their case.
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Trial Schedule
A few days ahead of the trial students will either draw randomly to see who gets
which role, or if they may simply volunteer for the role they want. After parts have been
chosen, students should go home and prepare for their role. Prosecutors and defense
attorneys should decide in what order they will call their witnesses and have their
questions ready ahead of time so the trial can move quickly.
The Day of the Trial
Students should come prepared to play whatever part they have selected.
Professional dress is required.
The Court Clerk will open the Court and swear in the witnesses. The judge will
begin the trial with Instructions 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
The Prosecution will present opening statements followed by opening statements from
the Defense.
Following opening statements, the Prosecution will call its first witness. The
defense attorney will then have a chance to cross-examination. Witnesses may only be
called once. This is done merely to save time, and since the Prosecution and Defense
should already have their questions ready, this shouldn’t be a problem.
Evidence may be presented in any form desired.
Once all witnesses have been called and all evidence has been presented each side
will make its closing statement. The judge will then charge the jury. The jury will then
gather in a location outside the court room and make its decision. The jury must select a
Forman/woman.
Once the jury has finished their deliberations the jury Forman/woman will report
the decision to the class.
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