2006-2007 minnesota state bar association high school mock trial program state of rigor v. jess...

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2006-2007 2006-2007 Minnesota State Bar Minnesota State Bar Association Association High School Mock Trial High School Mock Trial Program Program State of Rigor State of Rigor v. v. Jess Dubois and Pat Jess Dubois and Pat Dowling Dowling

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Page 1: 2006-2007 Minnesota State Bar Association High School Mock Trial Program State of Rigor v. Jess Dubois and Pat Dowling

2006-20072006-2007Minnesota State Bar AssociationMinnesota State Bar AssociationHigh School Mock Trial ProgramHigh School Mock Trial Program

State of RigorState of Rigor

v.v.

Jess Dubois and Pat DowlingJess Dubois and Pat Dowling

Page 2: 2006-2007 Minnesota State Bar Association High School Mock Trial Program State of Rigor v. Jess Dubois and Pat Dowling

CRIMINAL PROCEDURECRIMINAL PROCEDURE

Complaint/IndictmentComplaint/Indictment First AppearanceFirst Appearance Omnibus HearingOmnibus Hearing Contested Omnibus HearingContested Omnibus Hearing Pretrial/Settlement ConferencePretrial/Settlement Conference TrialTrial

Page 3: 2006-2007 Minnesota State Bar Association High School Mock Trial Program State of Rigor v. Jess Dubois and Pat Dowling

THE COMPLAINT

Count I: Vandalism of a Cemetery• Class 3 Felony

Count II: Vandalism of a Cemetery• Class 4 Felony

Count III: Criminal Defacement of Property• Class 4 Felony

Count IV: Criminal Trespass to a Cemetery• Class A Misdemeanor

Page 4: 2006-2007 Minnesota State Bar Association High School Mock Trial Program State of Rigor v. Jess Dubois and Pat Dowling

Count ICount I

Vandalism of a Cemetery, Class 3 Felony is committed when an individual:

(1)without legal justification willfully and knowingly defaces, vandalizes and/or injures gravestones and other memorials, monuments and markers inside a cemetery; AND

(2) the estimated number of markers damaged is at least 5 and no more than 10

Page 5: 2006-2007 Minnesota State Bar Association High School Mock Trial Program State of Rigor v. Jess Dubois and Pat Dowling

Count IICount II

Vandalism of a Cemetery, Class 4 Felony is committed when an individual:

(1)without legal justification willfully and knowingly defaces, vandalizes and/or injures gravestones and other memorials, monuments and markers inside a cemetery; AND

(2) the estimated number of markers damaged is at least 1 and no more than 4

Page 6: 2006-2007 Minnesota State Bar Association High School Mock Trial Program State of Rigor v. Jess Dubois and Pat Dowling

Count IIICount III

Criminal Defacement of Property, Class 4 Felony is committed when an individual:

(1)knowingly damages the property of another without consent by defacing or otherwise damaging property; AND

(2) the damage to the property exceeds $300

Page 7: 2006-2007 Minnesota State Bar Association High School Mock Trial Program State of Rigor v. Jess Dubois and Pat Dowling

Count IVCount IV

Criminal Trespass to a Cemetery, Class A Misdemeanor

is committed when an individual:

(1)knowingly enters the premises of a public or private cemetery without authorization; AND

(2)does so during the hours that the cemetery was posted as closed to the public.

Page 8: 2006-2007 Minnesota State Bar Association High School Mock Trial Program State of Rigor v. Jess Dubois and Pat Dowling

Order of the TrialOrder of the Trial Opening StatementsOpening Statements

State must make its opening statement at start of trialState must make its opening statement at start of trial Defense has option of postponing its opening until after Defense has option of postponing its opening until after

State has presented its case-in-chiefState has presented its case-in-chief State Presents Its Case-in-ChiefState Presents Its Case-in-Chief

State’s First Witness State’s First Witness direct exam by prosecuting attorneydirect exam by prosecuting attorney cross-exam by defense counselcross-exam by defense counsel re-direct by (same) prosecuting attorneyre-direct by (same) prosecuting attorney re-cross by (same) defense counselre-cross by (same) defense counsel

State’s Second WitnessState’s Second Witness State’s Third WitnessState’s Third Witness

Page 9: 2006-2007 Minnesota State Bar Association High School Mock Trial Program State of Rigor v. Jess Dubois and Pat Dowling

Order of the TrialOrder of the Trial Defense Presents Defense Presents

Defense’s First Witness Defense’s First Witness direct exam by defense counseldirect exam by defense counsel cross-exam by prosecuting attorneycross-exam by prosecuting attorney re-direct by (same) defense counselre-direct by (same) defense counsel re-cross by (same) prosecuting attorneyre-cross by (same) prosecuting attorney

Defense’s Second WitnessDefense’s Second Witness Defense’s Third WitnessDefense’s Third Witness

Closing ArgumentsClosing Arguments Prosecuting AttorneyProsecuting Attorney Defense CounselDefense Counsel Prosecution Rebuttal (optional)Prosecution Rebuttal (optional)

Page 10: 2006-2007 Minnesota State Bar Association High School Mock Trial Program State of Rigor v. Jess Dubois and Pat Dowling

OPENING STATEMENTOPENING STATEMENT

Introduction: Tell the jury who you are and why Introduction: Tell the jury who you are and why you are there. Introduce co-counsel and you are there. Introduce co-counsel and defense attorney’s introduce your client.defense attorney’s introduce your client.

Provide jury with a statement of the case from Provide jury with a statement of the case from your side’s perspective and a roadmap of the your side’s perspective and a roadmap of the information that you’re planning on presenting.information that you’re planning on presenting.

Objections not allowed while opposing counsel Objections not allowed while opposing counsel is addressing the jury.is addressing the jury.

Page 11: 2006-2007 Minnesota State Bar Association High School Mock Trial Program State of Rigor v. Jess Dubois and Pat Dowling

BURDEN OF PROOFBURDEN OF PROOF The Defendant need not prove his/her innocence. The Defendant need not prove his/her innocence.

He/She is presumed innocent until proven guilty.He/She is presumed innocent until proven guilty.

The State has the burden proof. The State has the burden proof.

The burden of proof in criminal matters = guilty The burden of proof in criminal matters = guilty beyond a reasonable doubt.beyond a reasonable doubt.

The State must prove all elements of the offense The State must prove all elements of the offense beyond a reasonable doubt.beyond a reasonable doubt.

Page 12: 2006-2007 Minnesota State Bar Association High School Mock Trial Program State of Rigor v. Jess Dubois and Pat Dowling

WitnessesProsecution Witnesses

Reece Mathewson, Police Officer Skeeter Ferris, Cemetery After-Hours

Watchperson Shelby Cullom, Student

Defense Witnesses Lee Dubois, Parent of Jesse Dubois Jesse Dubois, Defendant Pat Dowling, Defendant

Page 13: 2006-2007 Minnesota State Bar Association High School Mock Trial Program State of Rigor v. Jess Dubois and Pat Dowling

Key Considerations How did the damage occur?

Natural decay? Intentional vs. accidental? Storm-related?

Civil Liability Witness motivation Witness credibility Other bad acts of defendants

Page 14: 2006-2007 Minnesota State Bar Association High School Mock Trial Program State of Rigor v. Jess Dubois and Pat Dowling

DIRECT EXAM Order of your witnesses is strategic

Build upon the testimony of each witness in a logical sequence.

Establish Foundation No Leading Questions Redirect: Use to rehabilitate and clarify

Scope limited to matters raised in cross-exam Do not repeat areas already covered

Page 15: 2006-2007 Minnesota State Bar Association High School Mock Trial Program State of Rigor v. Jess Dubois and Pat Dowling

CROSS-EXAM Use to create doubt, particularly with respect to

the elements of the case. Leading questions allowed -- take advantage Be courteous…no badgering. Re-cross

Limited to matters raised on re-direct Do not repeat areas already covered

Page 16: 2006-2007 Minnesota State Bar Association High School Mock Trial Program State of Rigor v. Jess Dubois and Pat Dowling

OBJECTIONS Stand when making an objection

All testimony stops once an objection is made and until the court makes a ruling

Objecting party MUST give basis for objection

Page 17: 2006-2007 Minnesota State Bar Association High School Mock Trial Program State of Rigor v. Jess Dubois and Pat Dowling

Most Commonly Used Objections Argumentative Assuming facts not in evidence Badgering the witness/asked and answered Beyond the scope Foundation Relevance Leading Non-responsive (use carefully) Calls for speculation Unfair Extrapolation

Page 18: 2006-2007 Minnesota State Bar Association High School Mock Trial Program State of Rigor v. Jess Dubois and Pat Dowling

HEARSAYDefinition

An out-of-court statement made by someone other than the declarant that

goes to the truth of the matter asserted.

Page 19: 2006-2007 Minnesota State Bar Association High School Mock Trial Program State of Rigor v. Jess Dubois and Pat Dowling

EXHIBITS

Exhibits are pre-marked:– Exhibit A: Gravestone Damage Estimate– Exhibit B: Abbreviated Forensics Report– Exhibit C: Map of Mortis County Cemetery– Exhibit D: Shelby Cullom’s Confession Letter– Exhibit E: Article from Springfield Star

Page 20: 2006-2007 Minnesota State Bar Association High School Mock Trial Program State of Rigor v. Jess Dubois and Pat Dowling

EXHIBITS Show exhibit to the Judge

– Ask permission before approaching the bench Show exhibit to the opposing counsel Show exhibit to witness

– Ask permission before approaching a witness Ask witness to identify the exhibit

– necessary to establish foundation for exhibit Ask questions concerning the exhibit

Page 21: 2006-2007 Minnesota State Bar Association High School Mock Trial Program State of Rigor v. Jess Dubois and Pat Dowling

Offering Exhibit Into Evidence

• State your intention to offer the exhibit into evidence:

“You Honor, at this time the State/Defense offers Exhibit No. ____ into evidence. The authenticity of this exhibit has been stipulated.”

• Opposing counsel may object

• Court rules on admissibility of exhibit

Page 22: 2006-2007 Minnesota State Bar Association High School Mock Trial Program State of Rigor v. Jess Dubois and Pat Dowling

CLOSING ARGUMENTCLOSING ARGUMENT Closing arguments given after the defense rests.Closing arguments given after the defense rests.

The State gives its closing argument first.The State gives its closing argument first.

Closings are based on the actual evidence and Closings are based on the actual evidence and testimony presented during the trial.testimony presented during the trial.

Focus on the testimony and evidence that best supports Focus on the testimony and evidence that best supports

your side. Downplay unsupportive testimony and your side. Downplay unsupportive testimony and evidence.evidence.

Objections not allowed while opposing counsel is Objections not allowed while opposing counsel is addressing the jury.addressing the jury.

Page 23: 2006-2007 Minnesota State Bar Association High School Mock Trial Program State of Rigor v. Jess Dubois and Pat Dowling

REBUTTALREBUTTAL

State has opportunity to rebut the State has opportunity to rebut the defense’s closing argument.defense’s closing argument.

Scope of rebuttal is limited to subject to Scope of rebuttal is limited to subject to defense’s closing argument.defense’s closing argument.

Page 24: 2006-2007 Minnesota State Bar Association High School Mock Trial Program State of Rigor v. Jess Dubois and Pat Dowling

COURTROOM DECORUMCOURTROOM DECORUM

Dress appropriately.Dress appropriately.

Behave professionally and courteously to Behave professionally and courteously to the Court, opposing counsel, and all the Court, opposing counsel, and all witnesses.witnesses.

Develop your own style.Develop your own style.