10/29/1410/29/14BR – What is the purpose of BR – What is the purpose of

cross examination?cross examination?

Today’s Goal :Today’s Goal : Trial Trial Roles - Begin Roles - Begin Writing Your Direct Writing Your Direct Exam QuestionsExam 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. Date2. One thing you learned about that day3. What did you do (specific). 2-3 Sentences. More

than just “We worked on our cross examination.”4. Questions

Finish calling witnessesMake sure everybody understands

their roles (who’s doing what)-select Lead counsel and input roles

Set up next steps for Direct ExamsLay grounds for cross

Trial StrategyTrial Strategy Each side (prosecution or defense) Each side (prosecution or defense)

has a mission.has a mission.1.1. Prove their elementsProve their elements

2.2. Attack the credibility of the elements the Attack the credibility of the elements the other side is trying to prove.other side is trying to prove.

Every question or statement in your case Every question or statement in your case MUST be working to accomplishing MUST be working to accomplishing your side’s goal.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): Assignment (15pts): Attorneys/Witnesses - prepare your 1st Attorneys/Witnesses - prepare your 1st

4 questions for direct examination.4 questions for direct examination.

You will perform these on Monday and You will perform these on Monday and witnesses will NOT be allowed to use witnesses will NOT be allowed to use their packet.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:IntroductionQualifications or relationship to the

caseImportant information relevant to the

element you are addressing.

Direct Exam Stems..These are designed to get

the person talking

Could you describeCan you tell us aboutWhat did you see (hear/smell/taste)Anything else?What happened next?What is the nature of..Describe for the court

AssignmentContinue writing direct examDivide up parts and roles (who’s doing

what)Begin thinking about cross

examination