Preparing for a Mock Trial Direct & Cross Examination

Previously… Opening Statements How the Grinch Stole Christmas

Review: Parts of a Trial Opening Statements Presentation of Prosecution Presentation of Defense Closing Arguments Jury Instructions

Review: Opening Statements vs. Closing Arguments Have you heard about Goldilocks? Ask a student volunteer to stand & tell the story of Goldilocks and the Three Bears. This is a good opening statement that just tells a story based on the facts. If it were a closing argument, you would push it further. For example – instead of saying, “Goldilocks entered the house, sat in and broke their chairs, ate their food, and slept in their beds,” you might argue that, “Goldilocks has shown herself to be a spoiled young girl with disregard for both the law and the security and privacy of others.”

Direct Examination Friendly with witness Give witness a chance to tell their story Use open-ended questions Cover who, what, when, where, why, and how If all else fails, ask: What happened next? Then what did you do? Can you explain…? Ask a student volunteer to pretend that they are a friend who hasn’t seen you in a month. Have them ask what you have been up to, how you’ve been … generally have a conversation trying to elicit information.

Things to Remember… Preparation is key! Advance your “theme” from your opening statement. Use signposts as you go… Example: “I’d like to talk to you now about when you went to the beach.” Allows jury to see where you’re going, keeps the witness on track

Example of Direct Examination

Question Order Questions should build / flow as a conversation (direct) or an explanation (cross) Want your questions to be organized into sections Morning, afternoon, evening ... Needs to be logical One question leads into the next until you reach your big point

Cross Examination Purpose: highlight weaknesses in the other side’s case, show bias or prejudice in the other party’s witness Instead of asking the witness a question, you are telling them what to say by using leading questions. The “ideal” cross examination is a long statement from the attorney where the witness says “yes” after each new question/fact. Focus on inconsistencies or weaknesses (holes in story) that came out during the direct examination Ask a student volunteer to pretend to be a child sneaking in after curfew. Interrogate them as the angry parent. You know your curfew is 10:00 p.m., correct? Did you know that it is now 1 a.m.? You were out with those friends of yours weren’t you? Have you been drinking?

Things to Remember… You need to control the witness and to counter the direct examination. Use leading questions & keep it simple. Do not ask a question that you do not already know the answer to. Wait for an answer from the witness or ask the question again until you get a direct answer (don’t let them wiggle their way out).

Example of Cross Examination Legally Blonde 5:16 - 7:31

Closing Argument

The Closing Argument Work only with the facts established during the trial Go beyond the facts to get to the conclusion you want Think in terms of, “so..,” “therefore..,” “however…” Solidify your theme/theory. Use the Rule of 3! Organize your argument into 3 overarching points. Helps others follow along & remember the story Put your strongest points first or last.

Mock Trial In your groups…