Mock Trial Workshop December 7, 2016

Witness Workshop
"Strategies"

How to be a Witness. . . .   The purpose is to provide some basic strategies on how to. . .

Develop Your Character
Read your witness statements. . . .
        forward, backward, upside down and backwards
        You can't have any notes.

"Think in Character"
       Write a short biography & include. . .
           (Have you seen the Star Trek movies [or television shows]? -- Mr. Spock -- There is a book by Leonard Nimoy -- He tells how he developed the character of Mr. Spock --Mr. Nimoy developed the character by using things from his own life.  Used experiences, emotions, resources to own that identity of Mr. Spock in Star Trek.

"Think in Character", cont.
        As you write your biography. . .
         
              Where were you born?      
               Birthday? Year and date?  
               How old?
              Address?
              Describe the place you live.
                   the town?           the building?
              Job?
              Friends?
              Hobbies?
              Favorite thing to do?
              Five of your likes.
              Five of your dislike.
              If I was a movie, what would I be?
              If I was a book, what would it be?
              If I was a car, what would it be?
              If I was a pet, what would it be?
              If I was a song, what would it be?
              If I was an insect, what would it be?
             


  You begin to think in three dimensions, your character is becoming a real person?
   . . . seeing in color instead of in black and white. . .

"Think in Character", cont.
"Think in Character", cont.
        Categorize Your Character. . . .
Do you see how this can help?
        As your imagination fills in the grey areas. . . A personality will emerge

        Next, talk about yourself (the character) out loud.
        Get parents and friends involved.
    Nimoy, "The more I cloaked myself in the character, the more I became the character."
      Look in the mirror and say "I am you."  "You are me."


Courtroom Basics
Dress appropriately
Sit in order of appearance.
When introduce yourself -- spell your name.  
Remain standing until the whole team has introduced themselves.    Where do witnesses sit? 
"Good evening, you honor. . . . "
Sworn in speak clearly "Yes, I do."
Sit up sraight, don't swivel
Speak up.


Never shake your head or nod,
Cross, yes/no, short answer

Look at judge for explanations
short answers, can look at attorney -- if one-on-one
Always, "Yes, your honor"  "No, your honor."
Stay in character.

If the judge asks you a question, don't panic, you have an answer.


Witness #1
During direct
Know the questions our attorney will be asking.
Practice with your attorney
Appear confident
Make sure you do not have any inconsistencies in your testimony

Physical evidence
Look at the evidence
(attorneys lay foundation)
answer yes or no
Attorneys ask relevant questions and witness answer

Expert witness -- be professional  --

For all, get the information from the witnesses in your examination

Witness #2 -- qualifying an expert witness
During Cross
anticipate questions that will be asked and prepare answers
act confident
always speak loud and clear
be responsive
listen and think before you respond (not too long, but do not rush)
only give the facts as you know them
don't be defensive  be confident,  appear truthful

objections
facts outside record
creating a material fact


Witness #3   cross,  Was the witness nonresponsive? -- attorney replies

You are. . .
the expert on your witness statement
To know your witness statement backward, forwards, sideways,
Practice, practice, practice with both attorneys for cross and direct



Basic Witness Info
statements are voluntary -- sole source of information
cannot be questions on anything you have heard in court or is contained in another personal statement
"lack of personal knowledge."

Attorneys need to protect your witness.

If not consistent -- IMPEACHED!  affects scores big time

hearsay and relevance


You Need to Know. . .

Courtroom example

Witness Impeached

Rules for Witnesses
you cannot use notes
all witnesses must be called -- watch your time
don't waste time
witness statements are the statements given to the police
witnesses may be impeached
witnesses may NOT use costumes, Inappropriate attire or makeup or props
normal speaking voices -- no ethnic or unrealistic accents
Do NOT use a monotone voice


Attorneys can ask for a time check.


Rules for Witnesses
Use normal voices. . .  DO NOT USE MONOTONE.

Final Reminders for Witnesses
You are the expert
know your witness statement
stay in character
Practice, practice, practice

*********************************************************
The Objections Game

(don't hold onto the table) What to do when you are making an objection --

Use one of the following
Is it a proper question
Argumentative
Hearsay
Relevance
Leading
Asked and Answered
Speculation

The defendant is on trial for the murder of Beverly Hills actress Sandra Stiff
Valid Question?
or
Objection Your Honor?

State your name
state your profession if any

Do you like going to parties?
relevance
(leading)

Where did you happen to be on the evening of December 31st 2009?

Were you personally acquainted with the defendent?
Please tell us when you arrived at Sandra's party?
Did you happen to notice whether or not the defendant ever arrived at the party?
Isn't it true that the defendant had his eye on Sandra all evening?  (speculation?  Leading? )
What, if anything happened while you were at the party?
What did you hear? (hearsay)
What happened next?
What startled you? (after her testimony. . . )
Did you dial 911?
What else did you observe, if anything?
Tell us what you think Sandra was trying to tell you?  (speculation)
While you were with Sandra did you see anything that looked like a potential weapon?

Cross
ask for redirect -- if needed -- don't drag out
ask for witness to be excused

Direct of the expert witness

State your name
By whom are you employed
Did you do the autopsy on Sandra Stiff?
When you did the autopsy, did you have any idea what you were doing?  (argumentative)
Do you enjoy your work?  (relevance)
What did the guests at the party say about the time of death?  (hearsay)
Could you tell us the approximate time of death?
Tell us why somebody would want to kill Miss Stiff (speculation)
What did you find as a result of the autopsy thea was performed
How can you expect the judge to believe that?  (argumentative)  (Objection, counsel is being argumentative.)
Doctor, if you can, be more specific about the cause of death
Please, if you could, describe some of the charahcterics of cynide poisoning
Isn't it true that your evidence points to the Defendant?  (leading)
What evidence, if any, did you personally obtain linking the defendant to the death. . . . .

other objections
nonresponsive
arguing fact not in evidence
lacks personal knowledge
narrative
lack of foundation
See handbook

Where you personally acquainted with the defendant?
answer goes on (narrative)
or nonresponsive
if judge rules against Your Honor, may I be heard
everything after yes needs to be stricken from the record  Ask the judge that this be stricken from the record.       narrating -- nonresponsive?  


Red Flag Words
I think, I feel, I believe -- speculation, opinion -- improper
could, would, should
hear, said, tell

beyond the scope of cross




















    

       

Thursday, December 1, 2016

We learned about introducing evidence (physical evidence).  See page 24 - 25 in this handbook:

http://www.lawrelatededucation.org/images/docs/Handbook.pdf

Mock Trial Workshop Wednesday 12/7/16 4- 6:00 PM Victoria Dyatt, our Mock Trial Coordinator, will be presenting workshops on "How to be a Witness", "Understanding Objections", and more.  Date: 12/07/2016 (Wed.) Time: 4:00pm - 6:00pm MST Location: State Bar Association 645 South 200 East Salt Lake City

Group Yearbook Photos

On Monday, November 21,  our group will be 
photographed during B3.
Wear regular school clothes, but do look good! 

Thursday, November 10, 2016

We began looking at a Mock Trial assault case from 2013.  We will use this to learn about mock trial and to practice preparing a case.

You can find the case at http://www.lawrelatededucation.org/images/stories/Mock_Trials/2013MockTrialCase.pdf





Our Work on the case from AFJr in 2013
http://cavemocktrial2013.pbworks.com/w/page/63159753/FrontPage
Please do not edit.

Thursday, November 3, 2016

You need to turn in your applications right away.  We will be deciding this week whether we have enough students participating to continue Mock Trial for this year.



Today:
More on Objections!
Take out your chart of objections.
Reread the excerpt on the back.

1. Form small groups of three.  
2. As a small group, receive a packet of objections.  
3. Spread them out on the desks in front of you.
4. We'll begin again with the objections you identified last time, and continue with new ones.
5. As a group, once you identify an applicable objection, have one person stand and state the objection.     "Your Honor, objection.  (Then state the specific objection.) 

To download the materials:

Mock Trial Objections(1).ppt

Objection Handout.docx

Thursday, October 27, 2016

http://criminaldefense.homestead.com/condensedobjections.html

October 13, 2016

We will discuss what Mock Trial is and look at basically how one works.

Handbook PDF, PDF pages 20-25, handbook pages 11-16.
http://www.lawrelatededucation.org/images/docs/Handbook.pdf

https://www.youtube.com/watch?v=KXYrpLRhQlI

Last time we watched Opening Statements -- to 28:00. 
Your Assignment from last time:  Learn the order of the proceedings. 

1. Name tags
2. Small treat  -- as usual
• Without packets, do the following: 
3. Courtroom Set-Up
4.  Activity for order of proceedings.
5. Turn in applications if you have them filled out.
6. Examining witnesses
7. Direct of Witness #1 for the prosecution  

We watched small chunks of direct and of cross --  a minute or two for each. 
27:57 - 33:07   
Cross 33:07 - 36:33

_______________________
Timing of Video:

Opening Statements --   20:41 to 28:00. 

Prosecution
Direct of Witness #1 for the prosecution
27:57 - 33:07
Cross 33:07 - 36:33

Direct of Witness #2 for the prosecution
36:36 - 40:11
Cross 40:11 - 43:25

Direct of Witness #3 for the prosecution
43:25 - 47:00
Cross  47:00 - 49:00
Redirect  49:00 - 49:26

Direct of Witness #4 for the prosecution
 49:30  -- 54:30
Cross 54:30 - 55:33
Redirect  55:33 - 56:05

Motion and Objection -- 
56:08 - 56:47 - 56:59

People rest

Defense
Direct of Witness #1 for the Defense
57:35 - 1:02:00
Cross 1:02:00 -1:05:00

Direct of Witness #2 for the Defense
1:05:50 - 1:09:15
Cross 1:09:15 - 1:11:13

Direct of Witness #3 for the Defense
1:11:55 - 1:16:51 
Cross 1:16:51 - 1:20:58


Direct of Witness #4 for the Defense
1:21:31 - 1:24:29
Cross 1:24:40 - 1:27:44
Redirect  1:27:44 - 1:28:16

Closing Argument Prosecution

1:28:36 - 1:33:30

Closing Argument Defense 

1:33:40 -  1:39

Beyond a reasonable doubt

rebuttal Prosecution  1:39- 

Defense can choose to have the last word --rebuttal

Defense - rebuttal 

1:41  Decision

October 2016 Beginning a New Year of Mock Trial

Today students will receive applications and teacher recommendation sheets.

Mock Trial Tchr Rec.doc

AF Junior Team Application.docx

We will discuss what Mock Trial is and look at basically how one works.

Handbook PDF, PDF pages 20-25, handbook pages 11-16.
http://www.lawrelatededucation.org/images/docs/Handbook.pdf

https://www.youtube.com/watch?v=KXYrpLRhQlI

Today we watched Opening Statements -- to 28:00.
Assignment:  Learn the order of the proceedings.

Next time:  Activity for order of proceedings.
Name tags
Small treat
Turn in applications if you have them filled out.
Examining witnesses


_______________________
Timing of Video:

Opening Statements --   20:41 to 28:00.

Prosecution
Direct of Witness #1 for the prosecution
27:57 - 33:07
Cross 33:07 - 36:33

Direct of Witness #2 for the prosecution
36:36 - 40:11
Cross 40:11 - 43:25

Direct of Witness #3 for the prosecution
43:25 - 47:00
Cross  47:00 - 49:00
Redirect  49:00 - 49:26

_________________________________??????
Direct of Witness #1 for the defence
49:26 -
54:03 -- request that exhibit ___   be moved into evidence
Cross  54:27 -- 102:02

Closing Argument Prosecution

1:28:36 - 1:33:30

Closing Argument Defense 

1:33:40 -  1:39

Beyond a reasonable doubt

rebuttal Prosecution  1:39- 

Defense can choose to have the last word --rebuttal

Defense - rebuttal 

1:41  Decision

Introducing Physical Evidence

I.  Read through this material

An attorney goes through eight steps in introducing physical evidence in a trial:
Before the trial: 

• Mark the evidence before the trial.  Prosecution/Plaintiff marks Exhibits P-A, P-B, P-C. . . . 
• Defense marks Exhibits D-A, D-B, D-C. . . .
• Give opposing counsel a copy of all premarked exhibits before the trial begins. 
• We also provide copies for the judges -- placed on the bench before the trial

During the trial: 

1. Ask permission to approach the judge to show him the premarked evidence (or permission for the bailiff to do so.) 
2. Show the evidence to the opposing attorney.  (The opposing attorney may at this point make an objection to the offering.)
3. Ask permission to approach the witness. (or to have the bailiff do so)
4. Show the evidence to the witness and ask the witness if he or she can identify it. 
5. Lay foundation by asking the witness a series of questions about the exhibit in preparation for asking the crucial question.
6.  Ask the crucial question.
7. Request admission of the exhibit. 
8. (Opposing counsel may then object.)  Be prepared to explain why the evidence should be accepted.

Example:
1.  Identify exhibit:
"Your Honors, I would like to refer to this hair which has been marked as Defense's Exhibit A."

2. Show Opposing Counsel
3. Ask permission to approach the witness.
4. Show witness:
"Baby Bear, do you recognize this hair which is marked as Defense's Exhibit A?"

5. Lay Foundation:
"You found this hair on your pillow?
This is the same hair your found on your fillow?
Was this hair on your pillow when you left the house to go for a walk?
What color is this hair?  (This exhibit is black.)
What color is Goldilock's hair?
Would you say this hair is straight or curly?  (This exhibit is straight.)
Would you say that Goldilock's hair is straight or curly?
Is this hair long or short?  (This exhibit is short.)
Would you say that Goldilocks hair is long or short?

6. Ask the crucial question:
"This hair does not match the hair on Goldilocks' head, does it?" 
7. Request admission of the exhibit:
  "Your Honor, I offer this hair for admission into evidence as Defense's  Exhibit A and ask the court to so admit it."


Some objects that might be made by opposing counsel include
lack of foundation (so make sure you ask questions that lay a proper foundation)
relevance
lack of personal knowledge

II.  Read the Physical Evidence Hypotheticals and respond to them.
This is the link to the Hypotheticals:

Physical Evidence Hypotheticals

Today -- February 10, 2016

Attorney's work with your witnesses and/or write questions.

See http://cavemocktrial.blogspot.com/2013/10/october-30-2013.html for hints for preparing direct examination,  and
http://cavemocktrial.blogspot.com/2013/11/november-6-2013-cross.html for  hints for preparing cross examination.

Objections

When you make objections, you will be very civil and calm.

Handout:http://cavemocktrial.blogspot.com/2009/03/objections.html


This is the PowerPoint we watched today: 
 Mock Trial Objections.ppt

Direct Examination

• 
  

WHAT IS A DIRECT EXAMINATION?

PLAINTIFF/PROSECUTION CALLS WITNESSES THAT SUPPORT THEIR THEORY OF THE CASE*.   IN A UTAH MOCK TRIAL EACH SIDE HAS 3 WITNESSES. ALL THREE WITNESSES MUST BE CALLED. YOU MAY NOT RECALL A WITNESS ONCE HE OR SHE HAS LEFT THE STAND.

AFTER THE PLAINTIFF RESTS THEIR CASE, THE DEFENSE CALLS THE WITNESSES IN THEIR FAVOR. THIS IS THEIR WITNESS.  TOGETHER THE WITNESS AND THE ATTORNEY WHO WILL ASK THIS WITNESS QUESTIONS HAVE CREATED A "SCRIPT" OR QUESTIONS THAT ASSIST WITH THEIR THEORY OF THE CASE*.

Your THEORY OF THE CASE* is what your side is saying happened.   It is a theory, and you are doing all you can to prove it.   

CREATE THESE  direct examination QUESTIONS FROM THE WITNESS STATEMENTS IN YOUR HANDBOOK.
CHOOSE YOUR WITNESSES WISELY. TAKE INTO CONSIDERATION THE PERSONALITY OF YOUR STUDENT AS WELL AS THAT OF THE HYPOTHETICAL WITNESSES. THIS PERSON MUST BE A GOOD ACTOR/ACTRESS, BUT ALSO BE ABLE TO HANDLE TOUGH CROSS EXAMINATION BY THE OPPOSING TEAM.

WHAT MAKES A DIRECT EXAMINATION GOOD?

THE GOAL IS TO TELL A STORY THROUGH THIS WITNESS ABOUT IMPORTANT FACTS REGARDING THE CASE. 

ASK THE WITNESS ONLY OPEN-ENDED QUESTIONS: WHO WHAT, WHERE, WHEN, WHY, HOW?  THE WORDS MUST COME FROM THE WITNESS, OTHERWISE THE OTHER TEAM WILL OBJECT THAT THE ATTORNEY IS LEADING OR PUTTING THE WORDS IN THE WITNESS' MOUTH.  THE ATTORNEY ASKS QUESTIONS AND PUTS THE FOCUS ON THE WITNESS. 

MAKE THE WITNESS SHINE -- LOOK BELIEVABLE AND HONEST. STICK TO THE TRUTH.
THE ATTORNEY SHOULD LAY PROPER FOUNDATION. THIS MEANS ASKING QUESTIONS IN WHAT I CALL "BABY STEPS." ONE IDEA LEADS LOGICALLY AND SEQUENTIALLY FROM ONE IDEA TO THE NEXT.
NOT LAYING PROPER FOUNDATION WILL RAISE OBJECTIONS FROM THE OPPOSING TEAM.

KEEP QUESTIONS SHORT AND TO THE FACTS CONTAINED WITHIN THE WITNESS STATEMENT. AVOID LONG-WINDED NARRATIONS. DO NOT ASK QUESTIONS THAT CALL FOR IMPROPER OPINIONS OR STATE CONCLUSIONS. 

DO NOT INVENT INFORMATION OR FACTS. YOUR STORY WILL BE BROKEN UP BY OBJECTIONS FROM THE OTHER TEAM. YOU MAY ALSO BE PENALIZED BY THE JUDGES FOR GOING OUTSIDE THE SCOPE OF YOUR WITNESS STATEMENT.

FOCUS ON THE 3 OR 4 KEY CONCEPTS AND/OR EVIDENCE YOU NEED FROM THIS WITNESS. GET THOSE IDEAS OUT OF THE WITNESS' MOUTH WITH GOOD FOUNDATION AND OPEN-ENDED FACTUAL QUESTIONS. THEN SIT DOWN.

WHEN ENTERING EVIDENCE SUCH AS A GUN, CONTRACT, ETC, BE SURE TO FOLLOW THE PROPER PROCEDURES OUTLINED IN THE MOCK TRIAL HANDBOOK. PRACTICE!!

REMEMBER, THE ATTORNEY'S ROLE IS TO ASK QUESTIONS AND NOT TESTIFY!
WITNESSES, GET INTO YOUR CHARACTER. BECOME YOU CHARACTER. TAKE THE WORDS IN YOUR STATEMENTS AND MAKE THAT PERSON A "LIVING" PERSON.

http://www.youtube.com/watch?v=1prwkE7mZpI
issues:  objections (leading questions)
             establishing an expert witness

I'm saving this link of a whole mock trial:
http://www.youtube.com/watch?v=brN5x3yHzSk
Began at 46:30  direct examination 
October 30 watched to 51:49

 http://www.youtube.com/watch?v=EJvNJfs_VnA

Real professor's lecture about direct examination:  http://www.youtube.com/watch?v=xhDyphi8070

Thursday, January 21, 2016

Meet our case!  It's a MURDER CASE!

Let's plan to meet after school on Tuesdays and Thursdays -- until 4 pm. from now on until our competitions on February.  We will also continue to meet during Cavetime on Wednesdays and Thursdays.

Here it is!
http://lawrelatededucation.org/images/docs/2016_Mock_Trial_Official_Case.pdf

Other Links

Not-so-great examples:
https://www.youtube.com/watch?v=L6c-5DiWCKs

Much better:

https://www.youtube.com/watch?v=gsvAYY5sW_c

Start this one at about 25:15 to hear the opening statements and beyond.

(You don't need to shout.  They do at the beginning.  )

A Fun Link

http://www.makeyourcasegame.com/

Our Competitions this Year

Date: Saturday, February 27

We are prosecution for the trial scheduled from 8:30 am to 11:30.
Our team needs to be there by 8:00.

We are defense for the trial scheduled from 1:00 pm to 4:00.


Location:
Scott Matheson Courthouse, Link to Directions

Parents: 

Parking is available underneath the courthouse for $2 per hour.* Enter the garage from 400 South; you must be traveling east on 400 South to enter the lot. Parking is $2 per hour, payable by cash or credit card.

*By parking at the courthouse, you agree that your car may be searched.

Covered parking is also available behind the west entrance of the courthouse adjacent to the Wells Fargo bank. This is accessible from 400 South; you must be traveling east on 400 South to enter the parking lot. Parking is $2 per hour, payable by cash or credit card (maximum daily rate is $8).

Parking is also available in an uncovered lot behind the west entrance of the courthouse accessible from 500 South. You must be traveling west on 500 South to enter the lot. Parking is $3 for 1 hour or less, and $1 for each additional hour, payable by cash or credit card (maximum daily rate is $10). The parking fee must be prepaid. You will be ticketed if your receipt is not displayed, or if you have not prepaid enough.

Metered parking is available on streets surrounding the courthouse. Parking is 25¢ for 15 minutes and meters are enforced from 8 a.m. to 6 p.m.

Rules to Take Note Of

 Courtroom Dress and Conduct of Participants
a. No costumes or props for witnesses will be allowed.
b. Judges will not score lower for attire worn, but team members should be aware that appearance creates an impression and should dress accordingly.
c. Remember, no gum chewing, food, drink (water only), or unruly or loud behavior is allowed in courtrooms.