1. 1/18/17 – What is the burden of proof in a criminal case?
Today’s Goal : Understanding the Facts & Details of the Case

2. Presenting Your Case Profile
Lets continue to present our cases and finish up the profiles.

3. Case Summary Presenters – Thursday & Friday
Casey Clooney✔
Catherine
Dalia
Maria
Linda
Paola
Shirley
Lee Baldwin✔
Drew Lewis✔
Juharh
Yonan
Gina
John
Sandy Sheen✔
Angel
Lexes
Brooke Wilson
Gephany
Edwin
Yaziri
Joel
Adrian Gonzalez✔
Shaun Kelly✔
May
Joe
Marcia
Celene
Maura
Lizbeth
Sam Norton✔
Dr. Kelsey Kramer✔
Jesus
Christina
Aztlan
Alondra
Erilk
Officer Chris Ford✔

4. Trial Diary: (starting today. ) Similar to bellringers
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.) This should be done on the same page as the bellringers
Date
One thing you learned about that day
What did you do (specific). 2-3 Sentences. More than just “We worked on our cross examination.”
Questions

5. Trial Strategy Each side (prosecution or defense) has a mission.
Prove their elements
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.

6. Trial Roles Prosecution Defense Officer Chris Ford - Lee Baldwin -
Sandy Sheen -
Adrian Gonzalez -
Sam Norton -
Attorneys:
Bailif/Deputy Sheriff –
Casey Clooney -
Drew Lewis -
Brooke Wilson
Shaun Kelly -
Dr. Kelsey Kramer -
Attorneys:

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

8. Assignment (15pts): Arrange yourself according to the sides
Choose a “lead Counsel” and write down the attorney jobs/duties
Attorneys/Witnesses - prepare your 1st 3 questions for direct examination.
You will perform these tomorrow and witnesses will NOT be allowed to use their packet.
ALSO.. Be sure to read the Section “Direct Examination” in the litigation process.

9. Process for Examining Witnesses:
Refer to the sheet (p. 17 “attorney Conduct at Trial
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.”

10. 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)

11. 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.

12. Today:
Break Into small groups or pairs according to your roles (introduce new members)
Begin writing a direct examination script (questions and answers) Q: A:

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

14. 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