From Classroom to Courtroom

JUDGE INSTRUCTIONS
The Trial
1. After the bailiff has called the court to order, judge enters courtroom and sits at bench. The
judge tells everyone, but the jury, to be seated. The bailiff swears in the jury.

2. Follow Mock Trial Procedure Script. Ask the prosecution to begin with their opening
statement. Ask them to stand at their table. Then ask defense to do the same.

3. Ask prosecution to call its first witness. Ask bailiff to swear in the witness, then ask witness
to state his or her name. Instruct attorney to begin direct examination.

4. The attorneys may object (see Objection handout). They are limited to four rules of
evidence. Please allow the attorney to give their reasons for objecting and then sustain or
overrule as appropriate.

5. Ask defense to cross-examine the witness.

6. Repeat steps 3 and 4 for each witness. When defendant calls their first witnesses, they
will conduct direct examination of those witnesses and the prosecution will conduct the
cross examination.

7. If necessary, take a two-minute recess to give the attorneys time to complete their closing
arguments. Ask both sides to present their closing arguments with the prosecution going
first.

8. Instruct the jury with the instructions provided at the end of each trial. Ask the bailiff to
show the jury to the deliberation room to decide the case.

9. When the jury returns with its decision, ask for the verdict.

10. After they have announced the verdict, ask them to explain how they decided on it.

11. Time permitting, debrief the trial. Encourage all students to participate in the discussion of
the trial. Questions that facilitate discussion might include:

• What were the strong and weak points of each side?

• What additional information would have been helpful?

• Who was the most believable witness? Why?

• Did any of the students change their minds during the trial? When and why?

• Are there other ways that the problem could have been settled? What would have
been the advantages or disadvantages?

12. Complete the process with a short discussion of the need for citizens to participate in the
process. Ask them what they will remember to do if they witness an action or are asked to
serve on a jury.

1
 From Classroom to Courtroom
MOCK TRIAL SCRIPT

NOTE TO ALL PARTICIPANTS: Always address the judge by saying “Your Honor.”

Opening of Trial:

Bailiff: Please rise. The Court of the Second Judicial Circuit, Criminal Division, is now in
session, the Honorable Judge _________________________ presiding.

Judge: Everyone but the jury may be seated. Ms./Mr. __________________________

(Bailiff’s name), please swear in the jury.

Bailiff: Please raise your right hand. Do you solemnly swear or affirm that you will truly
listen to this case and render a true verdict and a fair sentence as to this defendant? (Jury
should answer “I do”). You may be seated.

Judge:
Members of the jury, your duty today will be to determine whether the defendant is guilty or
not guilty based only on facts and evidence provided in this case. The prosecution has the
burden of proving the guilt of the defendant beyond a reasonable doubt. This burden
remains on the prosecution through the trial. The prosecution must prove that a crime was
committed and that the defendant is the person who committed the crime. However, if you
are not satisfied of the defendant’s guilt to that extent, then reasonable doubt exists and the
defendant must be found not guilty.
Mr./Ms. _________________________ (Bailiff’s name), what is today’s case?

Bailiff: Your Honor, today’s case is The State of Florida versus ______________________.

Judge: Is the prosecution ready?

Prosecuting Attorneys: (stand up) Yes, Your Honor. (Be seated)

Judge: Is the defense ready?

Defense Attorneys: (stand up) Yes, Your Honor. (Be seated).

~~~~~~~~~~~~~~~~~~~~~~~~~~~Opening Statements~~~~~~~~~~~~~~~~~~~~~~~~~~~
(Prosecution goes first, then Defense)

(Speak at the podium)

Attorney: Your Honor, members of the jury, my name is ___________________ and I and
my classmates are representing _____________________________________ in this case.

2
We intend to prove _________________________________________________________.
Please find _______________________________________________. Thank you.

~~~~~~~~~~~~~~~~~~~~~~Direct Examination (Prosecution)~~~~~~~~~~~~~~~~~~~~~

Judge: Prosecution, you may call your first witness.

Prosecuting Attorney: Thank you, your Honor. I call to the stand ____________________.

Judge: Will the witness please stand to be sworn in by the bailiff. (Witness stands)

Bailiff: (To the witness) Please raise your right hand. Do you swear to tell the truth, the
whole truth, and nothing but the truth?

Witness: I do. (Witness goes to the stand and sits down)

PROSECUTION’S QUESTIONS for WITNESS #1

? ________________________________________________________________________

? ________________________________________________________________________

Judge: The Defense may cross-examine the witness.

Cross-examination of 1st Prosecution Witness by Defense

DEFENSE QUESTIONS for WITNESS #1

? ________________________________________________________________________

? ________________________________________________________________________

Judge: You may step down.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

2nd Prosecution Witness

Judge: Prosecution, you may call your second witness.

Prosecuting Attorney: Thank you, your Honor. I call to the stand ____________________.

Judge: Will the witness please stand to be sworn in by the bailiff. (Witness stands)

Bailiff: (to the witness) Please raise your right hand. Do you swear to tell the truth, the
whole truth, and nothing but the truth?

Witness: I do. (Witness goes to the stand and sits down)

3
PROSECUTION’S QUESTIONS for WITNESS #2

? ________________________________________________________________________

? ________________________________________________________________________

Judge: The Defense may cross-examine the witness.

Cross-examination of 2nd Prosecution Witness by Defense

DEFENSE’S QUESTIONS for WITNESS #2

? ________________________________________________________________________

? ________________________________________________________________________

Judge: You may step down.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

3rd Prosecution Witness

Judge: Prosecution, you may call your next witness.

Prosecuting Attorney: Thank you, your Honor. I call to the stand _________________.

Judge: Will the witness please stand to be sworn in by the bailiff. (Witness stands)

Bailiff: (to the witness) Please raise your right hand. Do you swear to tell the truth, the
whole truth, and nothing but the truth?

Witness: I do. (Witness goes to the stand and sits down)

PROSECUTION’S QUESTIONS for WITNESS #2

? ________________________________________________________________________

? ________________________________________________________________________

Judge: The Defense may cross-examine the witness.

Cross-Examination of 3rd Prosecution Witness by Defense

DEFENSE’S QUESTIONS for WITNESS #3

? ________________________________________________________________________

? ________________________________________________________________________
4
Judge: You may step down.

~~~~~~~~~~~~~~~~~~~~~~~Direct Examination (Defense) ~~~~~~~~~~~~~~~~~~~~~~~

Judge: Defense, you may call your first witness.

Defense Attorney: Thank you, your Honor. I call to the stand _____________________.

Judge: Will the witness please stand to be sworn in by the bailiff. (Witness stands)

Bailiff: (to the witness) Please raise your right hand. Do you swear to tell the truth, the
whole truth, and nothing but the truth?

Witness: I do. (Witness goes to the stand and sits down)

DEFENSE’S QUESTIONS for WITNESS #1

? ________________________________________________________________________

? ________________________________________________________________________

Judge: The Prosecution may cross-examine the witness.

Cross-Examination of 1st Defense Witness by Prosecution

PROSECUTION’S QUESTIONS for WITNESS #1

? ________________________________________________________________________

? ________________________________________________________________________

Judge: You may step down.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

2nd Defense Witness

Judge: Defense, you may call your second witness.

Defense Attorney: Thank you, your Honor. I call to the stand _______________.

Judge: Will the witness please stand to be sworn in by the bailiff. (Witness stands)

Bailiff: (to the witness) Please raise your right hand. Do you swear to tell the truth, the
whole truth, and nothing but the truth?

Witness: I do. (Witness goes to the stand and sits down)

DEFENSE’S QUESTIONS for WITNESS #2

? ________________________________________________________________________

5
? ________________________________________________________________________

Judge: The Prosecution may cross-examine the witness.

Cross-Examination of 2nd Defense Witness by Prosecution

PROSECUTION’S QUESTIONS for WITNESS #2

? ________________________________________________________________________

? ________________________________________________________________________

Judge: You may step down.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

3rd Defense Witness

Judge: Defense, you may call your next witness.

Defense Attorney: Thank you, your Honor. I call to the stand _______________________.

Judge: Will the witness please stand to be sworn in by the bailiff. (Witness stands)

Bailiff: (to the witness) Please raise your right hand. Do you swear to tell the truth, the
whole truth, and nothing but the truth?

Witness: I do. (Witness goes to the stand and sits down)

DEFENSE’S QUESTIONS for WITNESS #3

? ________________________________________________________________________

? ________________________________________________________________________

Judge: The Prosecution may cross-examine the witness.

Cross-Examination of 3rd Defense Witness by Prosecution

PROSECUTION’S QUESTIONS for WITNESS #3

? ________________________________________________________________________

? ________________________________________________________________________

Judge: You may step down.

6
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~Closing Arguments~~~~~~~~~~~~~~~~~~~~~~~~~~

Judge: Both the prosecution and the defense have now rested their cases. The attorneys
will now present their final arguments. Please remember, what the attorneys say is NOT
evidence. However, do listen closely. They are intended to aid you in understanding the case.
Prosecution, you may begin.

Prosecuting Attorney: Thank you, your Honor. Members of the jury, today you have heard
testimony about _____________________________________________________________
_________________________________________________________________________.
I would like to remind you of some important information that you should consider in your
decision. These facts include __________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Please find the defendant guilty of the charge of ___________________________________
________________________________________________________________. Thank you.

Judge: Defense you may proceed with your closing argument.

Defense Attorney: Thank you, your Honor. Members of the jury, today you have heard
testimony about _____________________________________________________________
_________________________________________________________________________.
I would like to remind you of some important information that you should consider in your
decision. These facts include __________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
Please find our client, ______________________________________, not guilty. Thank you.
7
~~~~~~~~~~~~~~~~~~~~~~~~~~~~Jury Deliberation~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Judge: Members of the jury, you have heard all of the testimony concerning this case. It is
now up to you to determine the facts. You and you alone, are the judges of the fact. Once
you decide what facts the evidence proves, you must then apply the law as I give it to you to
the facts as you find them.

The LAW (Choose appropriate box for case you are doing):
Jesse Sunderson Case
Section 609.595 DAMAGE TO PROPERTY: Aggravated criminal damage to property.
Whoever intentionally causes damage to physical property of another without the latter’s
consent may be sentenced to imprisonment for not more than five years or to payment of a
fine not more than $10,000, or both if the damage to property caused a reasonably
foreseeable risk of bodily harm.

Section 624.61 SALE AND USE OF FIREWORKS PROHIBITED. Except as otherwise

provided in sections 624.20 to 624.25, it shall be unlawful for any person to offer for sale,
expose for sale, sell at retail or wholesale, possess, advertise, use, or explode any fireworks.
~OR~
Alli McGraw Case
FLORIDA STATUTE 893.13(6)(b) POSSESSION OF MARIJUANA. If the offense is the
possession of 20 grams or less of cannabis (marijuana), the person commits a misdemeanor
of the first degree, punishable as provided in s. 775.082 or s. 775.083.

In just a moment, the bailiff will take you to the jury room to consider your verdict. One of the
first things you will want to do is to select a foreperson that will preside over your
deliberations the way that a chairperson does at a meeting. It will be the foreperson’s duty to
sign the verdict form when you have agreed on a verdict. Whatever verdict you render must
be unanimous. That is each and every person must agree on the same verdict. The Bailiff
will now escort you to the deliberation room.

Bailiff: All Rise. (Stand, get verdict form from the judge and escort Jury to deliberation room)

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Judge: (When the Jury Returns) Have you reached a verdict?

Jury Foreperson: We have, your Honor.

Judge: What say you?

Jury Foreperson: We the jury, in the case of The State of Florida versus _______________,
find the defendant (guilty/not guilty) of the charge of ________________________________.

Judge: (After verdict is read) Thank you, Jury, for your service today. Court is adjourned.
8
 Mock Trial
OBJECTIONS
Student Handout

Any attorney may object to a question asked of a witness on the stand or the admission of an
exhibit if s/he feels that it does not follow a rule of evidence. The judge is the deciding factor
and will determine whether the witness’ testimony or the evidence is admissible.

Possible Reasons for Objections

(also known as “Grounds for Objection”)

Leading question: Prosecutors must allow their witnesses to tell their own stories; they
must not lead their witnesses through the story. Defense attorneys must follow the same rule
when questioning their witnesses. This only applied in Direct Examination.

Immaterial and irrelevant: The information is not closely related to the case, and is
therefore not important.

Calls for an opinion or calls for a conclusion: Unless the witness is an expert (such as a
doctor testifying about medical issues), he or she should not give professional opinions or
conclusions.

Non-responsive answer: The witness is not answering the question asked.

These are only a few objections. They are probably the most common ones used.
They will adequately serve your needs.

When you feel that an attorney has asked a question that breaks a rule of evidence, stand up
and say “Objection, your Honor” and give the rule of evidence that you feel was broken.

The opposing attorney may state why he/she feels he is not breaking the rule.

Judge’s possible response:

“SUSTAIN” - the judge agrees that the rule has been broken, the jury should disregard the
question, and the witness should not answer the question.

“OVERRULE” - the judge does not think a rule has been broken and the witness can answer
the question that was asked.