12 MOCK TRIAL 12.1 Concepts of Advocacy 12.2 Evidentiary Quest Banking 2/22/2019 12 MOCK TRIAL 12.1 Concepts of Advocacy 12.2 Evidentiary Quest 12.3 The Trial Chapter 1

Banking Understand a jury trial. Describe the mock trial process. 2/22/2019 12.1 CONCEPTS OF ADVOCACY GOALS Understand a jury trial. Describe the mock trial process. Chapter 1

TERMS trial defendant advocate prosecutor defense attorney

alleged plaintiff judge jury verdict witness

There are two types of trials. Jury Trial Trial A formal procedure where parties come together and present information before a judge and/or jury in order to achieve a resolution There are two types of trials. Criminal A violation of the law Non-criminal The violation of the right of one or more persons

A person is innocent until proven guilty in a court of law. Defendant The person or entity charged with violating the law or the rights of others A person is innocent until proven guilty in a court of law.

Attorneys Advocate Prosecutor A person who gathers as much information as possible to make an argument that supports his or her side Prosecutor A person who is the representative of government Makes the case that the person is guilty

Defense attorney Alleged A person who represents the accused Gathers information that challenges the prosecutor’s argument Shows why his or her client is innocent Alleged A harm that is charged but not proven

Most trials are argued before a jury. Plaintiff In non-criminal cases, the person who is suing another person or company Judge The person who oversees the trial to make sure The trial is fair The information presented is in accord with the law and trial procedure Most trials are argued before a jury.

Jury Jury A group of twelve adult citizens who Listen to everything that goes on in the trial Evaluate everything Reach a decision Verdict The decision reached by the jury during a trial A jury decides in favor of whichever side has proven beyond a reasonable doubt the guilt or innocence of the defendant.

Preparing for a Mock Trial Mock trials usually have eight students. Only six students participate in the round. A few months prior to the trial, team members are provided with the following information: Specific charges being filed Who those charges are being filed against Rules that must be followed Documents meant to help recreate the specifics of the case

Roles available to play include: Prosecuting Attorney Prosecution Team Defense Attorney Defense Team Witnesses People who can provide information that supports one side of the case Swear under oath to tell the truth

Pick your role based on your strongest skill. Students who are not members of the competing teams may play the following roles: Judge Bailiff Court Recorder Jury Twelve students

Prosecution The prosecution can choose from a variety of strategies to present the case. Hard evidence Eyewitnesses, expert witnesses, or other testimony Undermining The defense witnesses The defense’s arguments and/or evidence

Appealing to prior actions or bad character of the accused Using data and/or persuasive argument

Strategies for defending a client include: Defense The defense team interviews the defendant to get as much information as possible. Strategies for defending a client include: An alibi Good character and/or lack of previous arrests Highlighting the lack of evidence presented by the prosecution Prosecutorial weaknesses

The defense must prove beyond a reasonable doubt that his or her client is innocent.

GOALS 12.2 EVIDENTIARY QUEST Banking 2/22/2019 12.2 EVIDENTIARY QUEST GOALS Define and give examples of different types of evidence. Explain the rules of physical evidence. Chapter 1

TERMS evidence testimony affidavit rules of evidence physical evidence circumstantial evidence DNA

Evidence Evidence Testimony Information that proves that the defendant is guilty or not guilty Testimony Statements of individuals who were involved with the case One person’s version of events

Testimony as Evidence Affidavits Written statements that provide testimony from a person in some way involved with the case Signed by the person providing the testimony Sealed by a notary public

Testimony at Trial Rules of evidence Although they vary according to the case and the court, in general the rules of evidence are as follows: Leading questions are only allowed in cross-examination Character information can only be used if that person’s character is an issue in the case Refreshing the recollection of a witness is allowed

Attorneys may impeach witnesses. Hearsay is inadmissible as evidence. The scope of cross-examination is limited to matters that were discussed during direct examination. Attorneys may impeach witnesses. Hearsay is inadmissible as evidence. Witness opinions are not permissible as evidence. Except for opinions about what the witness personally heard or saw Expert testimony and professional opinions are usually accepted as evidence. Only evidence relevant to the case may be presented and admitted.

Physical Evidence Physical evidence Those concrete objects or substances that are connected to the case Weapon Blood Fingerprints Items at a crime scene that belong to someone other than the victim

In a civil suit, physical evidence may include: Written statements from experts Either an object or a model of an object that is alleged to have caused an injury Documents that show relevant information

Steps must be followed when physical evidence is introduced into a case. The item must be shown to The judge Opposing counsel Witnesses The evidence must be offered into evidence via a request to the judge. The judge must decide whether to admit the item as evidence.

Circumstantial evidence Arises from facts that tend to prove other facts by inference

New Scientific Evidence DNA (deoxyribonucleic acid) Genetic material that is unique to every single person Except identical twins Often required to prove guilt for capital crimes Especially if the death penalty may be imposed

GOALS Understand the opening procedure at a mock trial. Banking 2/22/2019 12.3 THE TRIAL GOALS Understand the opening procedure at a mock trial. Describe direct examination and cross-examination. Understand the criteria for evaluation at a mock trial. Chapter 1

TERMS perjury direct examination leading question sustain objection cross-examination impeaching

Opening Procedure The trial begins when the judge comes into court. The jury may only use presented evidence to determine a verdict.

At the beginning of the trial, opening statements are made by The prosecutor The defense attorney The purpose of the opening statement is to introduce the attorneys to the jurors.

The opening statement should accomplish the following goals: Prosecutor The opening statement should accomplish the following goals: Introduces the prosecuting attorney Presents the facts of the case from the prosecutor’s point of view Identifies the most important facts Explains how these facts will be proven Concludes with an appeal for attention to the material and the arguments of the case

The goals of the defense attorney’s opening statement include: Introduces the defense attorney Presents the defense’s theory about the case Including why the defendant is not guilty May refer to facts that weaken the prosecutor’s case Provides a brief overview of defense witnesses Concludes with an appeal for the jury to be open to its arguments and facts

Perjury Lying under oath Punishable by jail time in a real trial

Presenting Evidence The prosecuting attorney presents evidence. The defense attorney cross-examines each witness. When the prosecution rests, the defense makes its case and calls defense witnesses. The defense attorney conducts the direct examination. The prosecutor conducts cross-examination.

Direct Examination Direct examination When the attorney who calls the witness questions the witness Questioning is directed at getting the witness to make a statement that supports the attorney’s case

Leading questions Sustain Objection Questions that elicit a simple “yes” or “no” answer from the witness Sustain When the judge upholds an objection Objection When one attorney rises to object to a question posed by another attorney

Cross-Examination Cross-examination Questioning by the attorney who did not call the witness Cross-examination must attack and raise questions about the witness’s testimony. The intent is to get the jury to question the reliability of the witness’s testimony. Leading questions are permitted.

Cross-examination should follow from direct examination. Impeaching Diminishing the witness’s character by asking about Past conduct Prior arrests Possible biases Other accusations Cross-examination should follow from direct examination. Should not bring in extraneous facts

Objections

Summations A summation should Reinforce one’s point of view in the eyes of the jurors Be short and sweet Highlight the facts that support the attorney’s case Be logical and to the point

Although procedures may vary, things that typically occur include: Final Judgments Although procedures may vary, things that typically occur include: A panel of judges evaluates each team Points from 1-10 are awarded to each attorney and witness Points may be deducted for Providing testimony that is outside of the case Abuse of objections Inappropriate behavior