Tuesday, February 24, 2009

Steps in the Trial

Steps in the Trial

(Before: We arrive early to set up. The teacher and baliff talk with the other teacher(s) and baliff, and with the judges when they arrive. )
The teacher welcomes everyone.
The baliff watches for the judges to begin entering, and calls the court to order.
The presiding judge may give some instructions, and will ask the attorneys for each side if they are ready.

I. OPENING STATEMENTs
A. Prosecution
1) introductions
2) OPENING STATEMENT -- Attorney tells the story, not argue the case.
Have them memorized as much as possible.
Don't use excessive detail, but do clearly tell the story of what happened.

B. Defense
1) introductions
2) OPENING STATEMENT -- Attorney tells the story, not argue the case. (or they may wait until the prosecution has presented their case before they give their opening statement.)

II. DIRECT EXAMINATION BY PROSECUTION'S ATTORNEYS and CROSS BY DEFENSE
-- allow your witness to present the facts that support our view of the case.
-- your only function is to ask questions, not to testify. An objection may be made if an attorney testifies.

and Cross-Examination by Defense's Attorneys (the judge asks the attorney if he or she wishes to cross examine. -- will use Yes-No Leading Questions

You may request a redirect. Your honor, may I. . . Stand whenever you address the judges.
If the credibility or reputation for truthfulness of the witness has been attacked on cross-examination . . . Only concerned with correcting damage done by cross-examination.
There may also be a recross.

(When we do defense, make a motion to dismiss after all prosecution witnesses have been questioned. )

When we are done presenting our witnesses -- one of our attorneys should state
"The prosecution rests, Your Honors."

III. DIRECT AND CROSS OF DEFENSE'S WITNESSES

IV. CLOSING ARGUMENTS
see page 15 in the case materials.

V. Judges deliberation and decision

VI. Judges will debrief.
VII. Closing the Court
Baliff closes the proceeding:
"All rise. This Honorable Court is hereby adjourned."

VII. Wrap-Up
We will clean up, review score sheets, etc.

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