1. Tips and Tricks for the Mock Trial
Please read over this before attending your mock trial.
All Members of the class:
1. Know your role. Make sure you know what is expected of you at trial
(including who you will be working with, if you should take notes, where you
will stand, etc.). Review the agenda (pg. 6 in your packet), especially the
parts we didn’t have time to practice, so there are no surprises.
2. Speak loudly, clearly and project out to the audience. In general, you will
direct your responses to the Jury.
3. If you get confused or flustered, pause and take a breath. Then, you can ask
the lawyer to repeat the question (in character as a witness) or say that you
need a moment to review your notes (in character as a lawyer).
4. Don’t break character! You are the role or roles you have been given. Please
try to think like them and speak like them to the best of your ability.
5. Come prepared: have your notes, your packet, a pencil, and some paper (on
which you could take notes). I will have nametags (with your role) prepared
for each of you. Please wear them. This will help eliminate confusion.
6. Be considerate of your classmates. Don’t talk while others are speaking.
Remember that any distractions may make it difficult for them to focus on
their role.
7. Remember that you are in a courtroom. Respect and solemnity are essential.
8. Look on pg. 14 and 15 in your packet to make sure that you are ready for the
presentation. Knowing what is expected of you will help you excel in this
trial!
Jury Members:
1. Remember the movie clip we watched and how we discussed the need for
impartiality. Many of you have two roles. You will need to be objective
and fair as you fill out your jury verdict form and think about which way
you may vote.
2. Take many, many notes during the trial on your jury verdict form
and on a separate piece of paper. Jury members, you will be handing
this in to me and I will grade you on the thoroughness with which you
complete your form so please listen carefully and be thoughtful.
3. The jury will discuss the trial in front of the class on Thursday, so please
keep your verdict form in a safe place after the trial.
4. If you have two roles, try to do your best to multitask, so that you will be
able to complete both adequately. Review the vocabulary for a mock trial
so that you know who the defendant is, who the victim is, and so you
understand “reasonable doubt”.
2. Witnesses:
1. Look over the instructions for witnesses (on the handout that had your
checklist.
2. If you have a detailed and impressive witness statement that you think
would help the defense or prosecution, let them know. They should ask
you at least one open ended question so that you can share your account.
This applies specifically for some of the key witnesses.
3. Remember that you must answer verbally, speak clearly and loudly.
4. If you get stuck, pause. Ask the lawyer to repeat the question. Then
respond based on your knowledge of your witness statement. Try to
speak formally. Remember that you are in court. You are no longer a 6th
grade student. Try to speak as your character would.
5. Listen for objections and don’t answer until the judge has ruled.
6. Make your way to the witness stand quickly, so you don’t waste any time.
7. Be prepared for cross-examination (these are 5 minutes of “surprise
questions” asked by the opposing side). For cross-examination, you must
be listening very carefully to be called up. You should try to answer
carefully and honestly based on your witness statement. Listen for
objections.
8. If you have any questions or doubts for your lawyers, please ask them
tonight or before the trial. You shouldn’t have surprising during direct
examination.
Bailiff:
1. Swear in each witness as swiftly as possible. You will only have to swear
witnesses in during direct examination.
2. Have your lines memorized and say them clearly to the audience.
3. You open the trial, so please act in a manner that sets the tone of the trial.
Prosecution:
1. The burden of proof is on you. Make sure that you talk about all the
important evidence and testimony that came out during the trial.
2. Since you have fewer witnesses, you will want to ask many follow up
questions (specifically of the constable).
3. Review objections and use them (but don’t overuse them).
4. Make sure someone on your team is taking notes during the defense’s case at
all times, so you may use these notes for your closing statement.
5. Know which member of your team is speaking in which order.
6. Make sure your clerk keeps track of time and lets you know how much time
is left periodically.
7. Ask open-ended questions. Your witnesses’ testimony is the evidence for
your case. If you want to make sure they mention something, rehearse it
with them before. Allow them to tell their story from their point of view.
This will help you avoid objections and prove your case.
8. Remain calm and conference with your teammate if you need to. Just say:
“Your honor, I need a moment.”
3. 9. After each witness, say: “Thank you for your time. You may be seated.” To
call each witness, say “The Prosectution would like to call ________________ to
the stand”. If you forget the witness’s name, use their title. You may refer to
the man in the yellow suit as the victim. Mae Tuck can also be called the
defendant.
Defense:
1. Remember that you only need to establish reasonable doubt that your client
is innocent. You should try to work that term into your closing statement.
2. Make sure you allow those witnesses who have statements to make about
Mae’s character to go into detail.
3. Review objections and use them (but don’t overuse them).
4. Make sure someone on your team is taking notes during the prosecution’s
case at all times, so you may use these notes for your closing statement.
5. Know which member of your team is speaking in which order.
6. Make sure your clerk keeps track of time and lets you know how much time
is left periodically.
7. Ask open-ended questions. Your witnesses’ testimony is the evidence for
your case. If you want to make sure they mention something, rehearse it
with them before. Allow them to tell their story from their point of view.
This will help you avoid objections and prove your case.
8. Remain calm and conference with your teammate if you need to. Just say:
“Your honor, I need a moment.”
9. After each witness, say: “Thank you for your time. You may be seated.” To
call each witness, say “The Defense would like to call ________________ to the
stand”. If you forget the witness’s name, use their title. You may refer to the
man in the yellow suit as the victim. Mae Tuck can also be called the
defendant.