10/29/14 BR – What is the purpose of cross examination? Today’s Goal : Trial Roles - Begin Writing Your Direct Exam Questions

Trial Diary: (starting today!) Similar to bellringers.. At the end of each week I will collect your trial diary. You can just hand in the paper or papers for that week. Each day of the week is worth 5 points (5 days of school = 25 points.) You should keep this diary and HAND IT IN at the end of the trial. (or I can collect it each week. It will serve as your final grade 1.Date 2.One thing you learned about that day 3.What did you do (specific). 2-3 Sentences. More than just “We worked on our cross examination.” 4.Questions

 Finish calling witnesses  Make sure everybody understands their roles (who’s doing what)-select Lead counsel and input roles  Set up next steps for Direct Exams  Lay grounds for cross

Trial Strategy  Each side (prosecution or defense) has a mission. 1.Prove their elements 2.Attack the credibility of the elements the other side is trying to prove. Every question or statement in your case MUST be working to accomplishing your side’s goal.

Attorney Trial Roles Prosecution (The State) Opening Statement ________  Chris Ford-– Direct___. Cross___.  Lee Baldwin - Direct___. Cross___.  Sandy Sheen  – Direct___. Cross___.  Adrian Gonzalez– Direct___. Cross___.  Sam Norton- Direct___. Cross___. Closing Statement _________ Defense (Clooney) Opening Statement ________  Casey Clooney- Direct___. Cross___.  Drew Lewis- Direct___. Cross___.  Brooke Wilson - Direct___. Cross___.  Shaun Kelly- Direct___. Cross___.  Kelsey Kramer– Direct___. Cross___. Closing Statement ________

Trial Roles Prosecution  Chris Ford-– Jesus  Lee Baldwin - Eli  Sandy Sheehan– Richard  Adrian Gonzalez–Ismael  Sam Norton- Patty  Attorneys: Eric, Kenia, Kevin, Ellisette  Bailif/Deputy Sheriff – Defense  Casey Clooney- Latisha  Drew Lewis- Kneani  Brooke Wilson – Lisbeth/Yesenia  Shaun Kelly- Charly  Kelsey Kramer– Eric  Attorneys: Aaron, Daniel, Nathan, Nic

Assignment (15pts):  Attorneys/Witnesses - prepare your 1st 4 questions for direct examination. You will perform these on Monday and witnesses will NOT be allowed to use their packet.

Process for Examining Witnesses:  Refer to the sheet  Tips:  Always face and address the judge.  When in doubt ask for permission  may I proceed?  may I approach?  Address the judge as “Your Honor”  Be respectful and courteous (even if you don’t want to) to all witnesses, and opposing counsel  Build your ethos. Its ok to say, “please” and “thank you.”

Laying a Foundation -Testimony (the witnesses’ story) has to have an uninterrupted story line -With some exceptions. An attorney may NOT skip parts of the story (movie example) -One question must lead to the next (building on each other)

Laying a Foundation Tips: If you think the person has jumped ahead you should object, “Foundation!” Break up testimony into small chunks by using phrases like: “What happened next, What did you see then, Anything else? Etc.” Some times it’s a long foundational road to get the 1 or 2 important facts you need.

Areas to Cover:  Introduction  Qualifications or relationship to the case  Important information relevant to the element you are addressing.

Direct Exam Stems.. These are designed to get the person talking  Could you describe  Can you tell us about  What did you see (hear/smell/taste)  Anything else?  What happened next?  What is the nature of..  Describe for the court

Assignment  Continue writing direct exam  Divide up parts and roles (who’s doing what)  Begin thinking about cross examination