Below is taken from Putting on Mock Trials by the American Bar Association (2002).
ATTORNEYS
Attorneys control the presentation of evidence at trial and argue the merits of their sides of the case. They do not themselves supply information about the alleged criminal activity. Instead, they introduce evidence and question witnesses to bring out the full story.
Prosecutors present the case for the state against the defendant. By questioning witnesses, they try to convince the judge or jury that the defendants are guilty beyond a reasonable doubt. They suggest a motive for the crime and will try to refute any defense presented by the defendant.
Defense attorneys present the case for the defendants. They offer their own witnesses to present their client's version of the facts. They may undermine the prosecution's case by showing that the prosecution has failed to prove its case beyond a reasonable doubt, that prosecution witnesses cannot be depended upon, or that their testimony makes no sense or is seriously inconsistent.
Each student attorney will act in one of the following roles: |
• conduct direct examination
• conduct cross-examination
• do the necessary research and be prepared to act as a substitute for any of the other attorneys
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Any of the three attorneys may make opening statements and closing arguments.
WITNESSES
They supply the facts in the case. Witnesses may testify only to facts stated in or reasonably implied from the witness sheets or fact situation. Suppose that a witness's sheet states that he left the store and walked to his car. On cross-examination he is asked whether he left the store through the Street A exit or the Street B exit. Without any additional facts upon which to base his answer, he could reasonably name either exit in his reply, probably the one closest to his car. Practicing his testimony with the attorneys for his own team will help to uncover the gaps in the official materials that he will need to fill for himself.
Imagine, on the other hand, that a witness sheet included the statement that someone fired a shot through Mrs. Jones's closed curtains into her living room. If asked whether she saw the gunman, the witness could answer, "No." She could not reasonably claim to have a periscope on the roof or to have glimpsed the person through a tear in the curtains. Neither response would be reasonable, and both would add a very important fact, which cannot be found in the case materials. If a witness is asked a question calling for an answer, which cannot reasonably be implied from the materials provided, she must reply, "I don't know" or "I can't remember." (Note: if the prosecution witnesses wish to testify about the physical characteristics of the defendants, they should base their statements on the actual people playing the defendants on the day of the trial. Witnesses, then, must have a chance to see each other before the trial begins.)
Prosecuting Attorneys will represent the people of Massachusetts. Their job is to:
* Look at the depositions of Captain Preston and eyewitnesses and decide what crimes Preston and his soldiers should be charged with; and
* Try to convince the jury that Captain Preston and his soldiers committed the crime and must be punished
Defense Attorneys will represent Captain Preston and his soldiers. Their job is to:
* Make sure that Captain Preston and his soldiers are tried fairly;
* Convince the jury that Preston and his soldiers are not guilty, or work to get a good (reduced?) sentence.
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The judge will be responsible for ensuring that the trial procedure is followed and that the trial moves fairly and efficiently. The judge will announce when opening statements, witness questioning, closing statements, jury deliberation and verdict will be made.
The bailiff acts as an assistant to the judge by announcing the judge’s entrance and by swearing in the witnesses.
