![]() Mock trials are like trial experts - both can potentially produce findings and opinions after reviewing the evidence, and prosecutors must disclose such opinions to the defense. If mock trials were not disclosed to the defendant in a case, there could be a violation of discovery rules. There are a few significant reasons mock trials present risks to a prosecution.įirst, Minnesota law places a greater duty on prosecutors to make disclosures to defendants than does the law in most states. This obligation in our criminal justice system is commonly referred to as the "Brady rule," as it is based on the U.S. ![]() In criminal cases, however, prosecutors bear an additional obligation - the affirmative duty to disclose to the defense any evidence that is favorable to the defendant. Typically, in civil cases, the use of a mock trial is considered attorney "work product" for trial preparation purposes, which is generally not discoverable by the opposing side. Mock juries are common in civil cases in Minnesota, but create the potential for a lot of risks in criminal prosecution. Ellison writes that "Mocks are an abbreviated form of an actual trial, with opening statements, testimony, presentation of documentary evidence, closing arguments and jury deliberations." He says that he found these juries to be very helpful. In "Break the Wheel," Ellison discloses that before the Chauvin trial he used several mock juries to test prosecution theories and evidence against the four ex-police officers charged with murdering George Floyd.Įllison detailed how his team hired a private jury consulting firm to set up three separate groups of mock juries from around the state, including Hennepin County. Even so, Ellison's narrative still offered me some surprises. As a criminal litigator for more than 30 years, I watched every minute of the trial and provided local and national legal analysis to the media. ![]() The Chauvin trial provided a landmark legal decision and Ellison's book offers an interesting insiders perspective. And Minnesota Attorney General Keith Ellison's book "Break the Wheel" was just released to the public, recounting his experience leading the prosecution of the Chauvin case. Prosecution witness Donald Williams has filed suit against the Minneapolis Police Department for emotional distress. Former officer Tou Thao still awaits sentencing on his state conviction for manslaughter. Three years after George Floyd's death, legal developments and new revelations about the case continue to unfold.įormer Minneapolis police officer Derek Chauvin recently appealed his case to the Minnesota Supreme Court. Opinion editor's note : Star Tribune Opinion publishes a mix of national and local commentaries online and in print each day.
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