Professional Documents
Culture Documents
Mock Trial Script
Mock Trial Script
they will present during the trial. The deputy DA goes first and the
Public Defender goes next.]
Deputy DA: [Stand up and talk to the jury.] Your Honor and ladies
and gentlemen of the jury: the defendant has been charged with the
crime of driving or taking a car belonging to someone else, without the
permission of the owner. The evidence will show that a 2004 Corvette
was stolen on the night of February 8th. The next day the defendant was
arrested driving the stolen car. The defendants fingerprints were on the
keys used to steal the car. The evidence I present will prove to you that
the defendant is guilty as charged.
Public Defender: [Stand up and talk to the jury.] Your Honor and
ladies and gentlemen of the jury: under the law my client is presumed
innocent until proven guilty. During this trial, you will hear no real
evidence against my client. You will come to know the truth: that
(defendants first name) was just riding in a car stolen by someone else.
After finding out that the car was stolen, (defendants first name) was
just trying to do the right thing by returning the car to its owner.
Therefore my client is not guilty. 5
[Guide: After the opening statements, witnesses are called to testify
about what they know about the case. Sometimes the attorneys want to
show physical thingslike a weapon or a photographto the jury.
These things are called exhibits. The jury may only consider an exhibit
if the judge admits the exhibit into evidence when they meet to decide
if the defendant is guilty or not guilty.]
Judge: The prosecution may call its first witness.
Deputy DA: The People call the owner of the car.
[Bailiff takes the witness to the witness stand.]
Clerk: Please stand. Raise your right hand. Do you promise that the
testimony you shall give in the case before this court shall be the truth,
the whole truth, and nothing but the truth, so help you God?
Car Owner: I do.
Clerk: Please state your first and last name. 6
Car Owner: [Give your first and last name.]
Clerk: You may be seated.
Reporter: Please spell your last name for the record.
Deputy DA: [Stand up.] (first name of car owner), where do you work?
Car Owner: I own Martinez Car Sales.
Deputy DA: What is the address of your business?
Car Owner: 102 Main Street, Martinez.
Deputy DA: Were you working there on February 8th?
Car Owner: Yes, I was.
Deputy DA: Was one of the cars you had for sale a 2004 red Corvette
license number 5CBX239?
Car Owner: Yes. 7
Deputy DA: Did you see the car on the lot on February 8th?
Car Owner: Yes. The car was there when we closed that night.
Deputy DA: Did you see the car again on February 9th?
Car Owner: No. It was missing when I got to work that morning.
Deputy DA: Where were the keys to the Corvette when you left on
February 8th?
Car Owner: They were locked in the sales office.
Deputy DA: Where were the keys when you came back the next
morning?
Car Owner: They were still locked in the sales office.
Deputy DA: Did you file a stolen car report with the police?
Car Owner: Yes, I did. 8
Deputy DA: Had you given anyone, including the defendant,
permission to take or drive the Corvette?
Car Owner: No, I did not.
Deputy DA: Thank you, I have no further questions.
Judge: Does the defense have any questions?
Public Defender: Not at this time, Your Honor.
Judge: The witness is excused. [Wait for the witness to leave the
stand.] The prosecution may call the next witness.
Deputy DA: The People call the arresting officer.
[Bailiff takes the witness to the witness stand.]
Clerk: Please stand. Raise your right hand. Do you promise that the
testimony you shall give in the case before this court shall be the truth,
the whole truth, and nothing but the truth, so help you God? 9
Officer: I do.
Clerk: Please state your first and last name.
Officer: [Give your first and last name.]
Clerk: You may be seated.
Reporter: Please spell your last name for the record.
Deputy DA: [Stand up.] Officer, where do you work?
Officer: I have worked for the California Highway Patrol for the past
ten years.
Deputy DA: Were you on duty on the afternoon of February 9th?
Officer: Yes. I was patrolling the freeway between San Ramon and
Martinez.
Deputy DA: Did you observe a red 2004 Corvette that afternoon? 10
Officer: Yes, I did.
Deputy DA: What was the license number?
Officer: 5CBX239.
Deputy DA: Where did you first see the car?
Officer: Going north, near the exit to Highway 4.
Deputy DA: Why did you notice the car?
Officer: It fit the description of a car which was on our list of stolen
vehicles.
Deputy DA: Did you stop the Corvette?
Officer: Yes. I turned on my lights and siren and pulled the car over.
Deputy DA: Where did you stop the car? 11
Officer: About half a mile before the downtown Martinez exit.
Deputy DA: What did you do after the car stopped?
Officer: I ordered the driver to step out and I arrested [him/her.]
Deputy DA: Do you see the driver here in court?
Officer: Yes, the record will show that the witness has identified the
defendant sitting at the defense table [Point to defendant.]
Deputy DA: After you arrested the defendant, did you search the car?
Officer: Yes.
Deputy DA: What did you find?
Officer: I found a set of keys in the ignition.
Deputy DA: [Bring the script and keys with you. Show the keys to the
witness.] Are these the keys you found? 12
Officer: [Look at keys.] Yes.
Deputy DA: Your Honor, I would like to have these keys marked as
people's exhibit number one and ask that they be admitted into evidence.
[Give keys to clerk who will pretend to put a sticker on them and hand
them back.]
Judge: Does the defense have any objection?
Public Defender: No, Your Honor.
Judge: The keys will be admitted as Peoples exhibit number one.
Deputy DA: Officer, was there anything unusual about these keys?
Officer: Yes. Based on my experience as a highway patrol officer, they
looked like shaved master keys.
Deputy DA: Can you please tell the jury what shaved master keys are?
Officer: Yes. They are keys that have been filed down so that they will
start all models of a type of car. They are used as tools to steal cars 13
Deputy DA: I have no further questions.
Judge: Does the defense wish to ask any questions?
Public Defender: [Stand up.] Yes, Your Honor.
Public Defender: Officer, when you pulled the car over, you ordered
my client to turn of the ignition, didnt you?
Officer: Yes, I did.
Public Defender: So you saw the defendant touch the keys?
Officer: Yes.
Public Defender: Do you know how far Martinez Car Sales is from the
downtown Martinez freeway exit?
Officer: Yes, its about half a mile from there.
Public Defender: Thank you. I have no further questions. 14
Judge: The witness is excused. [Wait for the witness to leave the
stand.] Does the prosecution have any other witnesses?
Deputy DA: Yes, Your Honor. The People call the fingerprint
examiner.
[Bailiff takes the witness to the witness stand.]
Clerk: Please stand. Raise your right hand. Do you promise that the
testimony you shall give in the case now before this court shall be the
truth, the whole truth, and nothing but the truth, so help you God?
Expert: I do.
Clerk: Please state your first and last name.
Expert: [Give your first and last name.]
Clerk: You may be seated.
Reporter: Please spell your last name for the record. 15
Deputy DA: [Stand up.] (first name), where do you work?
Expert: I am employed by the Contra Costa County Sherif's
Department. I have been a qualified fingerprint examiner for 10 years.
Deputy DA: [Take script and keys to the witness stand and show
witness the keys.] Have you ever seen these keys before?
Expert: [Look at keys.] Yes. I was asked to check them for
fingerprints at my lab.
Deputy DA: Did you find any fingerprints on the keys as a result of
your testing?
Expert: Yes. There were several clear print impressions.
Deputy DA: Were you able to identify the defendants prints on the
keys?
Expert: Yes. The prints I found on two of the keys were identical to the
fingerprints taken from the defendant. 16
Deputy DA: Thank you. I have no further questions and no other
witnesses, Your Honor.
Judge: Does the defense have any questions?
Public Defender: [Stand up.] Yes, Your Honor. (first name of expert),
as a matter of fact, you also found fingerprints on the keys which did not
belong to the defendant, didn't you?
Expert: That is correct.
Public Defender: To whom do they belong?
Expert: I don't know.
Public Defender: Thank you. I have no further questions.
Judge: The witness is excused. [Wait for the witness to leave the
stand.]
Deputy DA: Your Honor, the People rest their case. 17
Judge: Is the defense ready with its case?
Public Defender: Yes, Your Honor. I call the defendant.
[Bailiff takes the defendant to the witness stand.]
[Guide: Under the Bill of Rights, a person who is accused of a crime
cannot be forced to testify at their own criminal trial.
ONLY FOR EIGHTH GRADERS: The judge would have told
the jury that the defendant has the right not to testify, that the
prosecution cannot make any comment about it if the defendant doesnt
testify and the jury cannot hold it against the defendant.
FOR EVERYONE: In our trial today, the defendant has decided
to testify. The prosecution cannot force the defendant to testify. If the
defendant chooses to testify, the prosecution is allowed to question the
defendant.]
Clerk: Please stand. Raise your right hand. Do you promise that the
testimony you shall give in the case now before this court shall be the
truth, the whole truth, and nothing but the truth, so help you God? 18
Defendant: I do.
Clerk: Please state your name.
Defendant: [Give your first and last name.]
Clerk: You may be seated.
Reporter: Please spell your last name for the record.
Public Defender: (first name of defendant), where were you on the
afternoon of February 9?
Defendant: I was at the 7-11 Store on South Main Street in Walnut
Creek.
Public Defender: Did you see a 2004 red Corvette at that location?
Defendant: Yes. A guy pulled into the parking lot driving it.
Public Defender: Did you talk to the driver? 19
Defendant: Yes, I asked him how fast it was.
Public Defender: What did he say?
Defendant: He said to get in the car and he would show me.
Public Defender: What did you do then?
Defendant: I got in the car and he drove onto the freeway going south
toward Danville. He was driving really fast.
Public Defender: Do you know what the drivers name was?
Defendant: Yes. He told me his name was Rick.
Public Defender: What was his last name?
Defendant: I don't know. He never told me.
Public Defender: Had you ever met him before?
Defendant: No. 20
Public Defender: Did he tell you where he got the car?
Defendant: He said he had stolen the car.
Public Defender: When did he tell you that?
Defendant: When we were on the freeway.
Public Defender: How far did you ride with him?
Defendant: To San Ramon. He didn't stop before then.
Public Defender: What happened when you reached San Ramon?
Defendant: He said he was getting out and I could have the car.
Public Defender: Did you take the car at that time?
Defendant: Yes.
when the officer pulled the car over. But the prosecutions own expert
told you that other fingerprints were found on those keys that could not
be identified. I suggest to you that they belong to the real thief: Rick.
(name of defendant) is an honest person and was only trying to return
the car to its owner. If [he/she] had meant to keep the car, why would
[he/she] drive it back to Martinez? Remember that under the law my
client is presumed to be innocent. The prosecution must prove every part 27
of its case beyond a reasonable doubt that means that you must be very
sure. One of the things they must prove is that my client intended to
keep the car from the owner. My client is the only person who knows
what [he/she] intended, and testified under oath that [he/she] wasnt
trying to keep the car from the owner, but was trying to return it. The
prosecution has presented no real evidence to you to show that this is not
true. That means that there is a reasonable doubt and, therefore, you
must find [him/her] not guilty.
[Guide: [To the jury] The next step in the trial is when the jury
decides whether the defendant is guilty or not guilty. Remember, not
guilty is not the same thing as innocent. If all 12 jurors are
unanimous in their decision, this is the jurys verdict.
You have heard several witnesses testify, including the defendant.
It is up to each of you to decide if you believe a witness was telling the
truth or not. You should consider how the witness behaved on the stand
and use your own common sense in deciding whether or not a witness
was telling the truth.
Remember that it is up to the prosecution to prove the defendant is
guilty. The defense does not have to prove the defendant is innocent; if
the prosecution has not proven its case, then the defendant is not guilty.
Also, remember that you can only say the defendant is guilty if the 28
prosecution has proven all three of the things the judge told you beyond
a reasonable doubt. As the judge told you, beyond a reasonable doubt
means that you must be very sure. That means that you will still be sure
tomorrow or next week or next year. It does not mean any doubt you
can think up in your imagination.
We wont have you leave the room right now but we will quickly
pick a jury foreperson and give the jury a few minutes to see if they can
reach a verdict. [Give pencil and copy of the instructions to foreperson
to record verdict. OPTION: Lead the jury through the first two
elements of the jury instructions. Let them work on the third element
on their own to see if they can come to a verdict.]
Judge: Will the jury foreperson please stand? Has the jury reached a
unanimous verdict?
Foreperson: (Answer yes or no]
[Guide: [If the answer is yes] If the jury has reached a verdict, the
clerk will get the verdict form from the foreperson and hand it to the
judge. The judge will read it silently before handing it back to the clerk
for the reading of the verdict. [After verdict is read, explain hung jurysee
below] 29
Clerk: The jury finds the defendant [guilty/not guilty.]
[Guide: [If the answer is no] If the jury cannot reach a verdict, this is a
hung jury. The judge might send the jury back to talk more and see if
they can reach a unanimous decision. If they cannot, the judge would
declare a mistrial and the District Attorneys office would decide if they
want to have another trial in the case.
If the verdict is guilty, the defendant would come back to court on
another day to find out what the punishment would be. If the verdict is
not guilty, the defendant would be free to go home and would not have
to come back to court any more for this case.
Judge: The jury is thanked and excused. Court is adjourned.
[Guide: This concludes our mock trial in Superior Court. We thank all
of you for coming today and for taking part in our program. [Give the
teacher the verdict form.]