By: The Mock Trial Class of 4B Direct Examination By: The Mock Trial Class of 4B

Requires practice with the witnesses Recreates what happened through the witnesses’ eyes Persuasive examinations engage jurors’ hearts and minds Lawyers must understand jurors interests Should draw jurors into another’s life 5.1-Introduction

Witness Competency witnesses must be competent must take oath Lawyer’s Questions must elicit testimony that is relevant Witness Testimony must be RELEVANT and RELIABLE NO unfair prejudice, confusion on issues, or misleading the jury 5.2-The Law

Jurors want answers quickly to form opinions quickly Want stories that appeal to their emotions (people stories) Jurors will try subconsciously verify if the opening statement matches the testimonies In order to be effective, must be more than what they saw, heard and did (dig deeper) Think of ways to appeal to the senses 5.3-Jury’s Perspective

5.4 Structure of Direct Examination Chronological Introduction: Goal is to make an impact Background: Establishes credibility Scene: Like setting before a play Action: Critical part: Goal is to show what happened not to tell Supporting: Tools such as sensory language, pace, selective repetition Exhibits: Diagrams, models, acts of crime scene, and emotional Aftermath: Brings out what happened after the crime scene. It does not apply to all witnesses Ending: Statement should linger in courtroom and be easy to remember Impact Puts dramatic testimony at beginning Then chronological Usually tragic events (Criminal Cases) 5.4 Structure of Direct Examination

5.5 Language of Direct Examination Lawyers Questions Questions have to be in proper form (non leading) A leading question is one that suggest the desired answer Effective questions are short and to the point Lawyers should ask for questions that ask for sound bites Lawyers need to ask vivid questions Show interest in the witness and the witness’s testimony Witness’s answers Witnesses need to testify using their own natural vocabulary and expressions Make sure the key words come first from the witness NOT THE LAWYER Try to have the witness answer in sound bites Try to have the witness’s answers create word pictures y using sensory words rather than conclusory words The witnesses answers should be given in a clear, positive, confident manner. 5.5 Language of Direct Examination

5.6 – Preparing the Witness Witness is center of attention Review what they can say, decide what they will say Right mindset (body language, eye contact, follow-up questions) Witnesses are important for what they say and how they say it Natural language Focus on delivery 5.6 – Preparing the Witness