12

Mock Trial

Mrs. O’Dwyer’s

7th Grade Social Studies

Student Packet

Name: ______

Core: _____

Mrs. O’Dwyer’s US History

Mock Trial Unit

Date / Objectives / Classwork / Homework
Day 1 / ·  Explain what “due process of law” is and why is it important in our judicial system.
·  Recall and apply the amendments 5-8 in regards to trials, our rights during trials and trial proceedings. / ·  Bellwork- Mock Trial People Search
·  Classwork- Trial By Jury Movie Notes / Complete
“Order in the Court”
Day 2 / ·  Explain why a trial has rules that guide how and what evidence is presented to the jury.
·  Understand that the judge makes sure these rules are followed and instructs the jury on what the law is and how to apply it in the case.
·  Understand that a jury decides whether the law has been broken
·  / ·  Bellwork- Rules of Evidence
·  Classwork- Homework Review, Review Jury Summons
·  State v. Bean DVD
·  Review Helpful Hints and Roles in a Criminal Trial for Mock Trials / ·  Complete Steps in a Trial
·  Complete Characters in a Trial
Day 3 &
Day 4 / ·  Describe how a jury deliberates
·  Understand that it takes a unanimous decision to reach a verdict in a criminal case
·  Understand the jury process as a group decision making process / ·  Movie- “12 Angry Men”
·  Homework Review
·  Discuss Aspects of the Trial and fine tune trial roles. / ·  Extended Response
Day 5 / ·  Review objectives from Mock Trial Unit and attempt to apply them in a mock trial simulation / ·  Bellwork- Review evidence
·  Classwork-Prepare for trial and perform a practice run / PRACTICE FOR YOUR ROLE IN MOCK TRIAL NEXT CLASS
Day 6 / ·  Review objectives from Mock Trial Unit and attempt to apply them in a mock trial simulation / MOCK TRIAL DATE

“Trial by Jury”

Movie Notes

Trial by Jury
Due Process of Law
Civil Case
Preponderance of Evidence
Criminal Case
Beyond a Reasonable Doubt
Burden of Proof

Who’s in the Court

Judge
Court Reporter
Clerk of the Court
Bailiff
Plaintiff
Defendant
Prosecutor
Defense Attorney
Witnesses
Direct Examination
Cross Examination

What Happens during Trial

Homework 2

“Characters” in a Trial

Directions Match each of the “characters” that participate in a trial with the description of what they do.

1.  ______Bailiff
2.  ______Prosecution Attorney
3.  ______Plaintiff
4.  ______Judge
5.  ______Jury
6.  ______Court Reporter
7.  ______Defendant
8.  ______Defendant Attorney
9.  ______Witness / A.  Listens to the evidence and decides who wins the case
B.  Takes notes on everything said and done at the trial
C.  Gives his / her account of what he / she believes to be the facts in the case. Is asked questions by attorneys from both sides
D.  The person in charge of the court. Rules on the admissibility of evidence, instruct the jury on the principles of law, which apply to the case, and announces the verdict
E.  Gives his / her opening and closing statements last, cross – examines the plaintiff / prosecution witnesses and objects to improper questions asked by the opposing attorney. Tries to show that there is not enough evidence to justify a verdict against the defendant
F.  Announces that the court is in session and which judge is presiding. Swears in witnesses
G.  Initiates legal action against the defendant
H.  This person is being accused of some wrongdoing. May be found guilty of a crime and / or owe money (depending on the type of case) if he / she loses the case
I.  Gives his / her opening and closing statements first, cross – examines the defense witnesses and objects to improper questions asked by the opposing attorney. Tries to show enough evidence to persuade the jury that their verdict should be in favor of the plaintiff / prosecution

Mock Trial

People Search

Find someone who agrees with you that…..

The ____ Amendment states that no one should be compelled in a criminal case to be a witness against himself. / The ______announces when court is in session and swears in the witnesses.
/ There are ______members of the _____, who listens to evidence and decides who wins.
The ______takes notes on everything said and done at the trial. / The ______Amendment allows the right to a jury trial when the controversy shall exceed $20.00 / The ______attorney goes first in opening/closing statements, cross examines defense witnesses and tries to get the jury to decide in favor of the plaintiff.
The ______is in charge of the court. He or she rules on evidence, and instructs the jury. / The ______attorney goes last in opening/closing statements, cross examines prosecution witnesses and tries to get the jury to decide in favor of the defense. / The plaintiff initiates legal action against the ______.
The ______gives his/her account of the facts in the case and is questioned by attorneys from both sides. /

The _____Amendment requires the right to a speedy trial and the right to an attorney.

/ The ______is accused of some wrongdoing. They may be found guilty of a crime if there is enough evidence.

Homework 1

Order in the Court

Directions The list below describes actions in a courtroom. For each action, put a check mark in the box that indicates who carries out the action. You can check more than one box.

Jury / Judge / Prosecuting Attorney / Defense Attorney / Bailiff / Courtroom Action
Asks the witnesses questions
Explains to the jury what the law is in the case
Makes objections when the other attorney questions witnesses
Gives a closing argument for the defense
Rules on objections made by the attorney
Swears in witnesses
Decides whether the defendant is guilty or innocent
Decides whether the witnesses are telling the truth
Gives an opening statement on behalf of the prosecution


Bellwork Day 2

Rules of Evidence

During a trial, both sides in a case may present evidence. The testimony of witnesses is important evidence. To guarantee that a trial is fair and help the jury find the truth, courts have rules about how the witnesses can give evidence and what evidence they can give. The judge sees to it that everyone follows these rules of evidence.

Explanation of Objection / Formal Objection
1. RELEVANCE Evidence must be relevant. It must have something to do with proving the case. / Objection, Your Honor. This testimony is not relevant to the facts of this case.
2. HEARSAY Hearsay is usually not allowed as evidence. Hearsay is something a witness may have heard about, but did not hear or see firsthand. / Objection, Your Honor. Hearsay.
3. OPINION Opinions are generally not allowed as evidence. Witnesses are to stick to the facts. Unless witnesses qualify as experts, their opinions, or what they think about those facts, are not acceptable as evidence. / Objection, Your Honor. The witness is not an expert.
OR
Objection, Your Honor. The witness is giving an opinion.
4. SPECULATION
Speculation, or someone’s idea about what might have happened, is not allowed. A witness cannot jump to conclusions that are not based on what the witness experienced. / Objection, Your Honor. Speculation.
5. LEADING QUESTIONS
Questions that “suggest the answers” to witnesses cannot be asked. / Objection, Your Honor. Counsel is leading the witness.

Homework 2

Steps in a Trial

Directions Put the following sentences in the order that the events would occur in a real trial.

A.  Prosecution delivers his / her closing argument

B.  Defense cross – examines the prosecution’s witness

C.  Judge gives the jury their instructions

D.  Prosecution examines their own witnesses

E.  Defense gives his / her opening statement

F.  The jury deliberates, makes is decision, and returns to the courtroom

G.  Prosecution cross – examines the defense witness

H.  The Bailiff hands the jury’s verdict to the Judge

I.  Prosecution gives his / her opening statement

J.  Prosecution briefly rebuts Defense closing argument

K.  Defense delivers her closing argument

L.  Defense conducts her direct examination of their own witnesses

Homework Day 2

Vocabulary

Crimes

1.  ____ aggravated assault
2.  ____ arson
3.  ____ burglary
4.  ____ crime
5.  ____ felony
6.  ____ homicide
7.  ____ larceny – theft
8.  ____ misdemeanor
9.  ____ offense
10.  ____ robbery
11.  ____ “simple” assault / A.  the unlawful entry of a structure to commit a felony or a theft
B.  a crime punishable by imprisonment in a county jail for up to one year
C.  an unlawful attack or attempted attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury using a weapon (also called assault & battery)
D.  an act committed or omitted in violation of a law forbidding or commanding it
E.  the willful killing of one human being by another (also called murder or manslaughter)
F.  the crime for which the defendant was arrested or filed on by the district attorney
G.  the taking or attempting to take anything of value from the care, custody or control of a person by means of force or threat of force
H.  any willful or malicious burning or attempt to burn
I.  a crime which is punishable by death or imprisonment in a state prison
J.  the unlawful taking, carrying, leading, or riding away of property from the possession of another (does not include embezzlement, fraud, forgery or worthless checks)
K.  assaults and attempted assaults where no weapon is used and which do not result in serious or aggravated injury to the victim

Places

12.  ____ court
13.  ____ jail
14.  ____ prison / A.  a state correctional facility where persons are confined following a conviction for a felony offense
B.  a county or city facility for incarceration of sentenced and unsentenced persons
C.  an agency of the judicial branch of government that has the authority to decide upon controversies in law and disputed matters of fact brought before it

Court Terms

15.  ____ acquittal
16.  ____ appeal
17.  ____ arraignment
18.  ____ charge
19.  ____ conviction
20.  ____ defendant
21.  ____ dismissal
22.  ____ fine
23.  ____ indictment
24.  ____ parole
25.  ____ probation
26.  ____ sentence
27.  ____ sustained / A.  a judgment that the defendant is guilty
B.  a person against whom a criminal proceeding is pending
C.  the penalty imposed by a court upon a convicted person
D.  to call a defendant before a court to be formally charged with a crime and set bail
E.  a judicial requirement that a person fulfill certain conditions of behavior in lieu of a sentence to confinement
F.  a petition initiated by a defendant for a rehearing in an appellate court regarding a previous sentence or motion
G.  a judgment of a court that the defendant is not guilty of the offense for which he / she was tried
H.  an added period of control following release from prison
I.  to affirm or approve of an objection or previous court decision
J.  a decision by a judicial officer to terminate a case without a determination of guilt or innocence
K.  a formal allegation that a specific person has committed a specific offense
L.  the penalty imposed upon a convicted person by a court requiring the payment of a specified sum of money
M.  Part of Due Process of Law where the Grand Jury decides if there is enough evidence to go to trial

PEOPLE

28.  ____ defendant
29.  ____ juvenile
30.  ____ prosecutor / A.  a person under the age of 18
B.  an attorney employed by a government agency whose duty it is to initiate and maintain criminal proceedings on behalf of the government against persons accused of committing criminal offenses sentenced and unsentenced persons
C.  a person against whom a criminal proceeding is pending

Homework 3/4

Extended Response

Do you think that having a jury decide was a fair way to reach a verdict in the case of “12 Angry Men”?

What do you see as the advantages and disadvantages of trial by jury?