A Few Important Details

Objections-do not ever argue by facing opposing council. Talk to the judge instead.

Do not thank the court for over-ruling or sustaining an objection.

November 20, 2013 -- Closing Argument

The Closing Argument

KEY POINTS

HIGH DRAMA

EYE CONTACT

MEMORIZED 

ARGUE ONLY WHAT ACTUALLY HAPPENED IN COURT

FOCUS ON HOW TESTIMONY AND EVIDENCE MET CASE LAW

INTENSE AND PASSION

THE CLOSING ARGUMENT 

• THE PLAINTIFF/PROSECUTION DOES ITS CLOSING ARGUMENT FIRST. THE DEFENSE PRESENTS ITS CLOSING ARGUMENT AFTER THE PROSECUTION. THE PLAINTIFF/PROSECUTION GETS A REBUTTAL LIMITED TO THE SCOPE OF THE DEFENSE CLOSING.
• THE ATTORNEY SHOULD BE INTENSE AND ARGUE FACTS THAT CAME INTO EVIDENCE. BE CAREFUL TO LEAVE OUT FACTS ONE THOUGHT MIGHT COME IN AND DID NOT.
• THE GOAL IS CONNECT EVERYTHING TOGETHER WITH PASSION AND CLARITY
• MAKE SURE THE ATTORNEY DISCUSSES HOW THE ELEMENTS OF THE LAW WERE PROVEN OR WERE NOT PROVEN IF YOU ARE THE DEFENSE.
• CITE THE CASE LAW ASSOCIATED WITH THE CASE. YOU MAY NOT USE CASE LAW THAT WAS NOT INCLUDED IN THE MOCK TRIAL PACKET.
• USE STRONG LANGUAGE. BE CONVINCING. THE EVIDENCE PROVED....NOT WE "THINK", OR WE "HOPE". IF YOU DON'T BELIEVE YOUR CASE, THEN WHY SHOULD THE JUDGES OR JURY?
• PLAINTIFF/PROSECUTION FOCUSES ON ALL THE ELEMENTS OF STRENGTH IN THEIR CASE AND THE WEAK POINTS OF THE DEFENSE. BE SURE TO STATE THAT YOU MET YOUR BURDEN OF PROOF. GO THROUGH EACH AND EVERY ELEMENT/LAW YOU NEEDED TO PROVE.
• REMEMBER IF THE JUDGES OR JURY WALK AWAY WONDERING WHETHER THE CLIENT IS RESPONSIBLE OR IF THE DEFENDANT COMMITTED THE ACT, THE PLAINTIFF OR PROSECUTION DID NOT PROVE THE CASE.
• THE DEFENSE SHOULD FOCUS ON ALL THE HOLES IN THE PLAINTIFF/PROSECUTION CASE.  FOCUS ON ALL THE DOUBTS AND MAKE A BIG DEAL ABOUT WHAT A LARGE BURDEN THE PLAINTIFF/PROSECUTION HAS TO MEET TO WIN.
• THE DEFENSE SHOULD ARGUE WHAT THE PLAINTIFF/PROSECUTION FAILED TO PROVE
• THE DEFENSE IN A CRIMINAL CASE SHOULD REMIND THE COURT THAT AN INDICTMENT IS NOT A CONVICTION AND A PERSON IS INNOCENT UNTIL PROVEN GUILTY.
• BE STRONG. BE CONVINCING. BELIEVE IN YOUR POSITION.   

I'm saving this link of a whole mock trial:

• http://www.youtube.com/watch?v=brN5x3yHzSk     

2:05 Defense
2:12:20 Prosecution  - 2:19 including an objection                                                                       

November 13, 2013

Red Team is working on Prosecution.
Green Team is working on Defense.

November 6, 2013: Cross

•  2004 Mock Trial Case: State of Utah v. Beck Martin

54:05 

WHAT MAKES A CROSS EXAMINATION GOOD? 

• THE ATTORNEY SHOULD ONLY ASK LEADING QUESTIONS. QUESTIONS THAT PUT WORDS IN THE WITNESS MOUTH AND CAN ONLY BE ANSWERED "YES" OR "NO". 
• 
  
• USE THE WITNESS STATEMENT AGAINST THE WITNESS BY USING THEIR EXACT WORDS AGAINST THEM. DO NOT ALLOW THE WITNESS TO CHANGE WORDS OR ADD INFORMATION. OTHERWISE, IMPEACH THEM OR USE THEIR STATEMENT AGAINST THEM BY ASKING THEM TO SHOW YOU WHERE IN THE STATEMENT IT SAYS THE INCONSISTENT STATEMENT OR MADE UP INFORMATION.
• 
  
• MAKE SURE ALL ATTORNEYS ARE VERY CLEAR ON HOW TO IMPEACH WITNESSES CORRECTLY. 
• 
  
• PRACTICE IT OVER AND OVER AGAIN. MAKE SURE TO HAVE CLEAN WITNESS STATEMENTS WITH THE ATTORNEY AS HE/SHE WALKS UP TO IMPEACH THE WITNESS. CHECK THE HANDBOOK FROM UTAH LAW-RELATED EDUCATION OR HAVE YOUR ATTORNEY COACH HELP YOU WITH THIS SO YOU TEACH PROPER PROCEDURE. 
• 
  
• CONTROL THE WITNESS IN A STRONG, YET POLITE WAY. THINK ABOUT WHICH STUDENT-ATTORNEY YOU WILL USE FOR EACH WITNESS. FOR EXAMPLE, DO YOU WANT A STUDENT WHO IS VERY STRONG AND MORE AGGRESSIVE CROSSING A WITNESS PLAYING THE ROLE OF A MOTHER WHO MIGHT BE CRYING BECAUSE SHE LOST A CHILD? MAYBE THAT STUDENT-ATTORNEY SHOULD CROSS A POLICE OFFICER OR THE EXPERT WITNESS? THINK IT THROUGH.
• 
  
• THE GOAL OF CROSS EXAMINATION IS TO DISCREDIT THE WITNESS TESTIMONY. DO THIS BY SHOWING BIAS, LYING, INABILITY TO SEE THE SITUATION, ETC. AS I TAUGHT MY STUDENTS, MAKE THE WITNESS 'WILT' ON THE STAND. "STAB THEM" WITH YOUR WORDS OR BY USING THEIR OWN WORDS AGAINST THEM AND LEAVE THEM "BLEEDING" OR "WILTING" ON THE STAND. 
• 
  
• BE CAREFUL THOUGH SO YOU DON'T OFFEND THE JUDGES/JURY BECAUSE THE ATTORNEY LOOKS LIKE A "BULLY". TEACH THAT AN ATTORNEY CAN GO FAR WITH POLITE, YET SHARP QUESTIONS AND DIRECTING THE WITNESS TO BACK TO THE QUESTION ASKED.

• THE GOAL IS TO POKE HOLES IN THEIR STORY AND CREATE DOUBT.
• TO DO THIS:
• KNOW THE WITNESS STATEMENT INSIDE AND OUT. 
• KEEP YOUR SENTENCES SHORT AND NOT COMPOUND.
• HIT YOUR MAIN POINTS AND SIT DOWN. THINK ABOUT WHAT THE WEAK POINTS ARE FOR THIS WITNESS AND FOCUS ON THOSE. DO NOT REVIEW ALL THE GOOD POINTS THE WITNESS MADE IN DIRECT EXAMINATION.
• PUT YOUR QUESTIONS IN SETS/CHAPTERS THAT SHOW OFF YOUR POINTS. THE ATTORNEY DOES NOT HAVE TO ASK QUESTIONS SEQUENTIALLY.
•  DO NOT ASK A QUESTIONS YOU DO NOT KNOW THE ANSWER TO AND WOULD ALLOW THE WITNESS TO WIGGLE OUT.
• REFRAIN FROM ASKING THAT ONE TOO MANY QUESTION THAT CALLS FOR A CONCLUSION. EXAMPLE:  THE ATTORNEY GETS THE WITNESS TO ADMIT SHE DID NOT HAVE HER GLASSES ON, THAT IT WAS RAINING, THAT THERE WERE NO LIGHTS, THAT SHE ONLY SAW A FIGURE AND COULD NOT TELL WHETHER THE DRIVER WAS MALE OR FEMALE....THE THEN ATTORNEY SAYS THE ONE QUESTION TOO MANY...SO, YOU COULD NOT REALLY SEE WHAT WAS GOING ON!!  WHAT SO....OF COURSE THE WITNESS IS GOING TO SAY, "YES" I COULD SEE...I SAW.....AND THEY GO THROUGH EVERYTHING THEY COULD SEE. SO...OR CONCLUSIONS ARE FOR CLOSING.
• NEVER EVER ASK AN OPEN ENDED QUESTION BECAUSE A GOOD WITNESS WILL JUMP AT THE OPPORTUNITY AND HIGHLIGHT ALL THEIR POSITIVE POINTS.
• IF THE ATTORNEY HAS DONE HIS OR HER JOB, THE WITNESS SHOULD SEEM LESS CREDIBLE BY THE TIME THE ATTORNEY WALKS BACK TO THE TABLE.
• REMEMBER,THE ATTORNEY DOING THE CROSS EXAMINATION SHOULD BE THE STAR. THE ATTORNEY WANTS THE JUDGE OR JURY TO BE LOOKING AT HIM OR HER AND TOTALLY LOSE FOCUS ON THE WITNESS. THE ATTORNEY SHOULD MAKE HIS/HER CASE WITH PASSION, YET STILL WITH MANNERS AND RESPECT. OTHERWISE, JUDGES OR JURIES CAN BE OFFENDED.

Teams

Green	Red	Purple	Orange
Darci R. Abby Jenna Eric Aaron S Alyssa	Sydney P Kylie Abby P. Nathan C Dakota Paul Tommy One too many	Alina Katie Dayna Savanna Sabrina