Resources for Teachers

Mock Trial

General Introduction

A criminal trial unfolds before a single judge, who is in some cases assisted by a jury composed of 12 jurors. Defence counsel represents the accused, who is presumed innocent. Crown counsel acts on behalf of the prosecution, presenting evidence to the court to prove beyond a reasonable doubt that the accused is guilty. This is done by, among other things, having witnesses describe what they saw, heard or experienced. The trial ends with a verdict declaring the accused guilty or not guilty. If the verdict is guilty, a sentence is then imposed by the judge.

Please note that the enclosed documents are intended solely as instructions for a game created to make the legal process more accessible to school groups. Consequently, many formalities have been omitted, such as having the witnesses swear an oath and requiring the jury to reach a unanimous verdict.

How to hold a mock trial

Step 1: Setting clear limits

Before you start the mock trial, you should set very clear limits: each counsel may only ask two questions to each witness, objections are not permitted and the witnesses do not swear an oath. You should also remind students that the trial is only a simulation and is being conducted for strictly educational purposes. It is best to construct the case around the theft of an object like a book, a camera or sports equipment.

Step 2: Selecting volunteers

Pick five volunteers, preferably people who speak loudly and are comfortable speaking in front of a group or in public. Each volunteer will play one of the following roles: victim, accused, defence counsel, Crown counsel and judge. The victim is Crown counsel’s witness and the accused is defence counsel’s witness. Each witness will be examined by his or her own counsel and cross-examined by opposing counsel. The rest of the group will be the members of the jury; tell them they will have to reach a verdict at the end of the mock trial.

Step 3: Setting the stage

You can set the stage by asking the first volunteer questions to find out if he or she plays sports or collects anything in particular. You can use the answers to create a fictitious situation (prepare an outline) in which a particular item has been stolen. Once this is done, everyone takes his or her position in the courtroom and the mock trial begins. The trial can be adapted to the students’ needs and to the educational objectives you have set for your class.

Step 4: Taking stock

It is recommended that, at the end of the mock trial, you review this experience with the students and that you then explain the characteristics of the subsequent levels of the Canadian judicial system to help them understand the steps of a possible appeal process, including an appeal to the Supreme Court of Canada.

The teacher’s role

The teacher’s role is to be a facilitator throughout the mock trial and to ensure that the established procedure is followed.