Planning a Mock Trial?
You're in the right place!
The fact that you are visiting this site, presumes that you already know what a mock trial is and have some interest in finding more information than you already know, specifically about how to conduct one, or to do so better, and where to get a case file.
What is a mock trial?
Mock, in this usage means fake or not real. Therefore, this site is for those individuals who wish to put on a trial that is not real in that the judgments that come out of the trial have no weight; people will not go to jail or have to relinquish funds. The reasons for conducting mock trials are varied. Law Schools, of course, do them to prepare law students for their careers. Lower level schools like under grad, high schools and even grade schools often do them to teach a basic idea of citizenship and how the legal system works. Law firms also do them to practice for large up-coming real trials so as to be better prepared. This gives them at least a chance to see how things may turn out; what points are needed to be made to make their particular case; and what pitfalls they could avoid.
What is a case file?
Why do I need one?
The heart of a mock trial is the Case File, which is the heart of any real trial. The Case File is needed to keep the trial on-track and prevent attorneys from going off on tangents. It is the rules of conduct like rules in any sport; three strikes, you're out; into the goal and you score!
The Case File is the collection of the following documents needed as reference to conduct a trial:
Where can I get case files?
In order to practice law, one needs to practice. District 95 Case Files allow the student to do just that with case files that bring all the necessary elements needed to do a mock trial and on subjects that are fun and well known. The following is a list of the case files that are available on this site:
● Dorothy Gale
(from Oz)
● Eve
(Bible)
● John Dillinger
(Famed 1930's gangster)
● John Wilkes Booth
(Lincoln's assassin)
● Harry K. Thaw
(Stamford White murder in 1907)
● Alfred Dreyfus
(The famed Dreyfus Affair scandal in France)
● Travis Bickel
(Character from the movie, "Taxi Driver")
● Romeo Montague
(Coming soon)
These Case Files have been used in a law school as major events. They are not scripts but a collection of evidence, statements, depositions and Grand Jury testimony that give a foundation to do a mock trial -- a case file.
Every case file offered has been used for a mock trial in a law school setting, in some cases twice and have all been successful. This knowledge should ensure you that there is enough information for both sides to make an argument. Certainly, some cases are more difficult than others; Defense of John Wilkes Booth, (Lincoln's assassin with a soldier's defense) is a real challenge, and while Eve (from the Bible) and Dorothy (of Oz fame) look very guilty, a convection of these ladies will take real prosecutory skills.
This site offers Theatrical & Historical Case Files, which lay the foundation to conduct interesting mock trials with commonly known historical and fictional characters. Unlike many case files used for legal practice, District 95 Case Files give us witnesses and back stories which most of us will be familiar. For instance, our most popular case file, The Wizardom of Oz v. Dorothy Gale, has a witness list of Tin man, Scarecrow, Lion, Wizard, Glinda (the good witch), and a story we all know well.
Prosecuting or defending Dorothy for stealing the witch's shoes and murder lets us skips through the story and jumps to the ability of how to convert that story / crime into testimony and ultimately, a trial, with the rich depth of characters already in everyone's consciousness. Eve from the Bible, John Dillinger and others, all bring the familiarity of the facts and events to become a rich starting point to practice and learn trial skills. Likewise, while the person of John Wilkes Booth may not be known by most, the deed he did is.
District 95 Case Files are copyrighted works. By purchasing, you are allowed to make paper and/or digital file copies for use in a mock trial or academic purposes, i.e., teaching a class. You are restricted from selling, giving or in any way, disbursing copies to another organization, school, law firm, etc. All copies that you DO make MUST bear this copyright notice on it.
What else do you need?
Who else do you need?
While every baseball team has a captain, during the game, it is mostly the catcher who runs the game. He tells the pitcher what to pitch and generally watches the entire game from the best vantage point. The equivalent in a trial is the judge.
The Judge
For your production your judge must have a good idea of the law. Try to get a REAL judge if you can, or someone who at least clerks for a judge -- retired judges are often willing to do this, just make sure they don't take themselves too seriously as this is theater as well as law. Use the "current" rules of evidence in your jurisdiction with a few exceptions. For instance, for The Trial of John Wilkes Booth, while the trial takes place in 1865, two years before female lawyers actually were allowed to practice in the court room, we skipped that unnecessary bit of historical reality.
You're in the right place!
The fact that you are visiting this site, presumes that you already know what a mock trial is and have some interest in finding more information than you already know, specifically about how to conduct one, or to do so better, and where to get a case file.
What is a mock trial?
Mock, in this usage means fake or not real. Therefore, this site is for those individuals who wish to put on a trial that is not real in that the judgments that come out of the trial have no weight; people will not go to jail or have to relinquish funds. The reasons for conducting mock trials are varied. Law Schools, of course, do them to prepare law students for their careers. Lower level schools like under grad, high schools and even grade schools often do them to teach a basic idea of citizenship and how the legal system works. Law firms also do them to practice for large up-coming real trials so as to be better prepared. This gives them at least a chance to see how things may turn out; what points are needed to be made to make their particular case; and what pitfalls they could avoid.
What is a case file?
Why do I need one?
The heart of a mock trial is the Case File, which is the heart of any real trial. The Case File is needed to keep the trial on-track and prevent attorneys from going off on tangents. It is the rules of conduct like rules in any sport; three strikes, you're out; into the goal and you score!
The Case File is the collection of the following documents needed as reference to conduct a trial:
- An overview and theories of the case, history, etc.
- Indictment (charges made against the Defendant)
- Incident Reports by police and other authorities from the crime scene
- Evidence Photo Tabs (weapons, crime scene, victims, etc.)
- Arrest records and other background information
- Graphic evidence photos, diagrams, etc.
- Written Affidavits of involved parties
- Depositions of witnesses and defendants
- Statements made to police or other authorities,
- Grand Jury testimony.
The Grand Jury is the governing body which will hear testimony to determine if indeed any crime has "possibly" been committed by a specific person or persons and a trial is needed to prove or disprove that point.
Where can I get case files?
In order to practice law, one needs to practice. District 95 Case Files allow the student to do just that with case files that bring all the necessary elements needed to do a mock trial and on subjects that are fun and well known. The following is a list of the case files that are available on this site:
● Dorothy Gale
(from Oz)
● Eve
(Bible)
● John Dillinger
(Famed 1930's gangster)
● John Wilkes Booth
(Lincoln's assassin)
● Harry K. Thaw
(Stamford White murder in 1907)
● Alfred Dreyfus
(The famed Dreyfus Affair scandal in France)
● Travis Bickel
(Character from the movie, "Taxi Driver")
● Romeo Montague
(Coming soon)
These Case Files have been used in a law school as major events. They are not scripts but a collection of evidence, statements, depositions and Grand Jury testimony that give a foundation to do a mock trial -- a case file.
Every case file offered has been used for a mock trial in a law school setting, in some cases twice and have all been successful. This knowledge should ensure you that there is enough information for both sides to make an argument. Certainly, some cases are more difficult than others; Defense of John Wilkes Booth, (Lincoln's assassin with a soldier's defense) is a real challenge, and while Eve (from the Bible) and Dorothy (of Oz fame) look very guilty, a convection of these ladies will take real prosecutory skills.
This site offers Theatrical & Historical Case Files, which lay the foundation to conduct interesting mock trials with commonly known historical and fictional characters. Unlike many case files used for legal practice, District 95 Case Files give us witnesses and back stories which most of us will be familiar. For instance, our most popular case file, The Wizardom of Oz v. Dorothy Gale, has a witness list of Tin man, Scarecrow, Lion, Wizard, Glinda (the good witch), and a story we all know well.
Prosecuting or defending Dorothy for stealing the witch's shoes and murder lets us skips through the story and jumps to the ability of how to convert that story / crime into testimony and ultimately, a trial, with the rich depth of characters already in everyone's consciousness. Eve from the Bible, John Dillinger and others, all bring the familiarity of the facts and events to become a rich starting point to practice and learn trial skills. Likewise, while the person of John Wilkes Booth may not be known by most, the deed he did is.
District 95 Case Files are copyrighted works. By purchasing, you are allowed to make paper and/or digital file copies for use in a mock trial or academic purposes, i.e., teaching a class. You are restricted from selling, giving or in any way, disbursing copies to another organization, school, law firm, etc. All copies that you DO make MUST bear this copyright notice on it.
What else do you need?
Who else do you need?
While every baseball team has a captain, during the game, it is mostly the catcher who runs the game. He tells the pitcher what to pitch and generally watches the entire game from the best vantage point. The equivalent in a trial is the judge.
The Judge
For your production your judge must have a good idea of the law. Try to get a REAL judge if you can, or someone who at least clerks for a judge -- retired judges are often willing to do this, just make sure they don't take themselves too seriously as this is theater as well as law. Use the "current" rules of evidence in your jurisdiction with a few exceptions. For instance, for The Trial of John Wilkes Booth, while the trial takes place in 1865, two years before female lawyers actually were allowed to practice in the court room, we skipped that unnecessary bit of historical reality.
For your mock trial to be fun and interesting, your judge must realize
that while this is a legal exercise, it is also a production and
sometimes that must compromise with rules of evidence the way the trial
will proceed. For instance, hearsay is rarely allowed in a real trial
but is a really great way to get the story to the audience. Your judge
should also be familiar with the case file; don't ask someone to come in
cold or they will proceed like a real trial and put the audience to
sleep. The judge must also be aware of time. People are used to
watching a movie in about 2 hours. TV shows are one half to one hour
long so don't expect the patience of people to go beyond this. The
judge, who must always be good natured, must stop the attorneys who are
beating a dead horse. In a real trial, people are afraid to purger
themselves because they can go to jail and they know it. But in a mock
trial, lying is really play acting and attorneys have to be stopped in
trying to get what they want a witness to say when it is clear the
witness will not.
Also, the judge must stop attorneys using the "What happened next... what happened next?" syndrome. We are all familiar with "The Wizard of Oz," so we don't need to hear defendant, Dorothy, describe from the stand, what we have all seen on TV.
Whether an endless direct or cross examination, or a 'too-long' closing from an attorney, can be handled with a simple note from the judge via the bailiff to that attorney to "FINISH UP."
Attorneys
Like the judge, they should really know the case file and develop their questions for direct examination of their witnesses, but also be prepared for questions from the other side and how they should counter act the other sides. Likewise, they should know the weaknesses of their case and prepare to defend their positions. It is not the purview of this book to teach how to be a lawyer so a real trial lawyer, or your judge, should work with the would-be attorneys to prepare for trial.
Witnesses – Pros & Cons
A really bad situation is a witness who hasn't read the case file and/or doesn't know the character they are portraying. The mock trial by its nature is an improvisation therefore requires acting, but that acting - improvisation - has boundaries. John Wilkes Booth should not only know what he did but also the demeanor and attitude (which we could assume is arrogant); the Scarecrow should appear condescending, very polite and really bright. People will expect Dorothy to be similar to Judy Garland's portrayal; with Eve, there is some flexibility in personality but she MUST know her role in the Bible. Witness also should not lie, that is, betray their character. It is cheating and makes it less fun. If they get caught in a lie then so be it -- theater! Lucy Hale, Booth's girlfriend and fiancee for instance, should not pretend that she did not love John Wilkes Booth.
Who is the star of a mock trial?
Well, it is really an open field, a clever comment by an attorney or witness which makes for a comedic moment and makes people feel they are being entertained. A clever closing, especially if it changes minds about guilt or innocence, is also memorable.
The Jury needs to be entertained!
The Jury in the case of the mock trial should be the audience. While some mock trials use specifically designated people, using the audience makes the trial interactive and much more interesting for them.
At the beginning of your trial, the Judge must address the audience and swear them in and tell them that they must stay for at least most of the trial and they will be allowed to vote guilty or not guilty at the end of the trial. To keep people in their seats, they should also be told that there will be, in the case of guilt, a sentencing and a proceeding afterwards. Since these are mostly capital crimes, the sentencing in the case of a guilty verdict will often be death. Your jurisdiction may not have a death penalty, but this is another exception to the rules -- the death penalty is dramatic, but if you have a squeamish group, life in prison may suffice. In the cases of John Wilkes Booth, Billy the Kid and Harry Thaw, we hung them. Simpler, as for guilty Bickel or Dillinger or Thaw, would be a large wooden chair, a silver metal helmet (bowl) and a wire or two to simulate an electric chair. Dim or flash the lights and the condemned should react to the "electricity."
In the case of Dorothy or Eve (doubtful of a guilty verdict but just in case) a soft sentence of repeating a school year or some silly community service. People really don't like to see women executed.
At the end of the closing statements, the judge will address the audience to explain the charges. Then the Bailiff (you really need one) should pass out index cards that have been pre-printed with the charge and 2 boxes: Guilty and Not Guilty. Keep things simple -- give the audience 5 minutes and then collect the cards. Make 2 piles, wait for the last minute votes and then count the cards. Do not expect a unanimous vote but use a majority rule.
Should you practice?
There are two sides to take in this argument. First, while practice doesn't always make perfect, it can save embarrassing moments when a would-be attorney forgets how to pose a legal question or mistakes the facts. Second, you want to keep the action going forward, there is not much time for fumbling around with notes and composing new questions on the fly. The argument against practice is the lack of spontaneity if both prosecution and defense practice together because they will know each other's theory of the case. This would be true if experienced lawyers were to do this and might make a lot of sense of they were preparing for a real trial and this were to be to test the waters, but for the average student, they should practice.
Each side should also meet together as a group. It is better if each side (prosecution and defense) has at least 2 or 3 members. Each member should do at least one direct and one cross examination. Don't let the same person open and close. Decide who should do the opening, closing, direct and cross of each witness: "specialize!"
Should you costume?
I recall that when I used to talk to people about being in the trial most would ask, "Will we be in costume?" and with their question they would often display the body language of hands running down the front of their body which I took to say, "Please?" So, should you costume? Yes. Obviously some of these plays require a lot more in costuming than others, but it really does make a difference; to the audience for sure, but mostly, to the witnesses they love it! And while most of us have had stage freight, it's a lot easier to be in front of people when you are dressed as someone else. I found that being in costume makes people less self-conscious and better witnesses.
Also, the judge must stop attorneys using the "What happened next... what happened next?" syndrome. We are all familiar with "The Wizard of Oz," so we don't need to hear defendant, Dorothy, describe from the stand, what we have all seen on TV.
Whether an endless direct or cross examination, or a 'too-long' closing from an attorney, can be handled with a simple note from the judge via the bailiff to that attorney to "FINISH UP."
Attorneys
Like the judge, they should really know the case file and develop their questions for direct examination of their witnesses, but also be prepared for questions from the other side and how they should counter act the other sides. Likewise, they should know the weaknesses of their case and prepare to defend their positions. It is not the purview of this book to teach how to be a lawyer so a real trial lawyer, or your judge, should work with the would-be attorneys to prepare for trial.
Witnesses – Pros & Cons
A really bad situation is a witness who hasn't read the case file and/or doesn't know the character they are portraying. The mock trial by its nature is an improvisation therefore requires acting, but that acting - improvisation - has boundaries. John Wilkes Booth should not only know what he did but also the demeanor and attitude (which we could assume is arrogant); the Scarecrow should appear condescending, very polite and really bright. People will expect Dorothy to be similar to Judy Garland's portrayal; with Eve, there is some flexibility in personality but she MUST know her role in the Bible. Witness also should not lie, that is, betray their character. It is cheating and makes it less fun. If they get caught in a lie then so be it -- theater! Lucy Hale, Booth's girlfriend and fiancee for instance, should not pretend that she did not love John Wilkes Booth.
Who is the star of a mock trial?
Well, it is really an open field, a clever comment by an attorney or witness which makes for a comedic moment and makes people feel they are being entertained. A clever closing, especially if it changes minds about guilt or innocence, is also memorable.
The Jury needs to be entertained!
The Jury in the case of the mock trial should be the audience. While some mock trials use specifically designated people, using the audience makes the trial interactive and much more interesting for them.
At the beginning of your trial, the Judge must address the audience and swear them in and tell them that they must stay for at least most of the trial and they will be allowed to vote guilty or not guilty at the end of the trial. To keep people in their seats, they should also be told that there will be, in the case of guilt, a sentencing and a proceeding afterwards. Since these are mostly capital crimes, the sentencing in the case of a guilty verdict will often be death. Your jurisdiction may not have a death penalty, but this is another exception to the rules -- the death penalty is dramatic, but if you have a squeamish group, life in prison may suffice. In the cases of John Wilkes Booth, Billy the Kid and Harry Thaw, we hung them. Simpler, as for guilty Bickel or Dillinger or Thaw, would be a large wooden chair, a silver metal helmet (bowl) and a wire or two to simulate an electric chair. Dim or flash the lights and the condemned should react to the "electricity."
In the case of Dorothy or Eve (doubtful of a guilty verdict but just in case) a soft sentence of repeating a school year or some silly community service. People really don't like to see women executed.
At the end of the closing statements, the judge will address the audience to explain the charges. Then the Bailiff (you really need one) should pass out index cards that have been pre-printed with the charge and 2 boxes: Guilty and Not Guilty. Keep things simple -- give the audience 5 minutes and then collect the cards. Make 2 piles, wait for the last minute votes and then count the cards. Do not expect a unanimous vote but use a majority rule.
Should you practice?
There are two sides to take in this argument. First, while practice doesn't always make perfect, it can save embarrassing moments when a would-be attorney forgets how to pose a legal question or mistakes the facts. Second, you want to keep the action going forward, there is not much time for fumbling around with notes and composing new questions on the fly. The argument against practice is the lack of spontaneity if both prosecution and defense practice together because they will know each other's theory of the case. This would be true if experienced lawyers were to do this and might make a lot of sense of they were preparing for a real trial and this were to be to test the waters, but for the average student, they should practice.
Each side should also meet together as a group. It is better if each side (prosecution and defense) has at least 2 or 3 members. Each member should do at least one direct and one cross examination. Don't let the same person open and close. Decide who should do the opening, closing, direct and cross of each witness: "specialize!"
Should you costume?
I recall that when I used to talk to people about being in the trial most would ask, "Will we be in costume?" and with their question they would often display the body language of hands running down the front of their body which I took to say, "Please?" So, should you costume? Yes. Obviously some of these plays require a lot more in costuming than others, but it really does make a difference; to the audience for sure, but mostly, to the witnesses they love it! And while most of us have had stage freight, it's a lot easier to be in front of people when you are dressed as someone else. I found that being in costume makes people less self-conscious and better witnesses.