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.