Simplified Rules of Evidence
In American courtrooms, elaborate rules are used to regulate the admission of evidence. These rules are designed to ensure that both parties receive a fair hearing and to exclude evidence which is irrelevant, untrustworthy, or unduly predudicial. For purposes of a mock trial, the rules of evidence should be treatly simplified. The following rules are those most commonly applied to the classroom mock trial.
1. Form of Questions: Leading questions are permitted during cross-examination but not during direct examination. A leading question is one that suggests the answer desired by the person asking the question. Direct questions are generally phrased to evoke a narrative answer. An example of a direct question is, “Mr. Jones, what happened on the night of May 3rd?” An example of a leading question is, “Mr. Jones, isn’t it true that on the night of May 3rd you were under the influence of alcohol?”
2. Witness Opinions: As a general rule, witnesses may not give their opinions. They should confine their testimony to matters of personal knowledge (in other words what they did, saw, heard, smelled, etc.) However, certain witnesses who have special knowledge or experience in a certain field may be qualified as an “expert witness.” An expert witness is allowed to express an opinion about his or her area of special expertise.
3. Hearsay: Hearsay is an out of court statement offered to prove the truth of what is asserted in the statement. For example, suppose a witness days, “I heard that Sarah Bryant has a criminal record.” This is hearsay if offered to prove that Sarah Bryant has a criminal record. Such statements as, “I was told…,” “I heard….” “I was informed…,” are other typical examples of hearsay statements. As a general rule, hearsay is not permitted as evidence in a trial. However, students should know that there are exceptions to the rule against hearsay and that it is sometimes permitted in a real trial.
4. Relevancy: Only relevant testimony and evidence may be presented. Irralevant evidence is that which has nothing to do with the issues in the case. For example, to ask a witness to an alleged crime if he has read any good books lately, would obviously disclose facts worthless for a jury or judge to consider.
5. Introduction of Physical Evidence: If there is any physical evidence (such as documents, photographs, medical records, alleged weapons, etc.) wheich either side wishes to introduce into the trial, this may be done by:
a. Asking the judge for permission to have the item marked for identification (e.g., “Your Honor, I ask that this letter be marked for identification as Defendant’s Exhibit A.”)
b. Showing the item to the other side to given them an opportunity to make any objections.
c. Asking the witness on the stand to identify the item (e.g. “Mr. Gold, I show you what has been marked, ‘Defense Exhibit A.’ Could you please tell me what is it?”
d. Moving the item into evidence (e.g., “Your Honor, I offer this letter for admission into evidence.)
6. Impeachment: The witness statements given the witnesses should be considered sworn statements of the witnesses made prior to trial. Student witnesses should be familiar enough with the statements to testify without reading it. Student testimony should not be allowed to contradict the witness statements. If a witness’ testimony contradicts the facts as stated in the statements, the other side can impeach the witness on cross-examination. This means that the other side can point out the contradiction and thereby call into question the truthfulness of the witness. To do this the side wishing to impeach the witness should:
-Show the witness statement to the person on the stand.
-Ask, “Is this your sworn statement?”
-Have them read the portion of the statement which contradicts his or her testimony.
-Point out the contradiction to the court.
Conducting the Trial
1. Below is a diagram of the physical setting of the courtroom.
2. Calling of Case by the Bailiff: “All rise, the Court of ________________ is now is session. Honorable Judge __________________ presiding.”
3. Opening Statement: First the prosecutor (criminal cases) or plaintiff’s attorney (civil cases) , then the defendant’s attorney, explain what their evidence will be and what they will try to prove.
4. Prosecution’s of Plaintiff’s Case: Witnesses are called to testify (direct examination) and other physical evidence is introduced. Each witness called in cross-examination (questioned so as to break down the story or be discredited) by the defense.
5. Defendant’s Case: Same as the above except that defense calls witnesses for direct examination; cross-examination by prosecution/plaintiff.
6. Closing Statement: An attorney for each side reviews the evidence presented and asks for a decision in his/her favor.
7. Jury Instruction (Jury Trials Only): The judge explains to the jury appropriate rules of law which it is to consider in weighing the evidence. As a general rule, the prosecution must meet the burden of proof in order to prevail. In a criminal case this burden is very high. The prosecution must set out such a convincing case against the defendant that the jurors believe, “beyond a reasonable doubt,” that the defendant is guilty. In most states, the entire jury has to be convinced. In other words, the jury decision must be unanimous.
8. Deliberation and Decision: In making a decision, the judge or jury considers the evidence presented and decides which witnesses were most credible.
9. Verdict
Courtroom Setup