Mock Trial ProceduresYou and the Law

There are 2 sides:ProsecutionResponsible for proving beyond a reasonable doubt that the accused committed the crime.

Defense Responsible for finding their client not guilty for the crime they are being charged with.

Burden of proof!Reasonable DoubtThe prosecution has a burden.Their job is harder than the defense.The burden is called, Beyond a reasonable doubt.Therefore, the defense just has to create doubt!

So how do they do it?The trial:Opening StatementsProsecution goes first.Defense goes second.Why do you think the Prosecution gets/has to go first?The trialDirect examinationsCross examinationsClosing StatementsProsecution, then defenseRebuttal by Prosecution. (offering a contrary argument)Why do they get a rebuttal?

Opening StatementsImagine a movie preview.Always phrased, We are going to show you that or We will prove that or You are going to seeGive the jury an idea of what is coming.Never phrase it, We already showed you, or This person did thisWhy? They havent seen the movie yet!3 minutes long

ExaminationsProsecution gets to direct examine their witnesses first.Direct Examination:Example of whats right:Tell us where you were on the night of or What happened after you went to your locker? Then what did you do?Example of whats wrong:Isnt it true that you loaded the gun the night before you killed your husband? The witness has to tell the entire story.The attorney may not Lead the witness in any way/shape/form to the answer.Rule of thumb: If the answer is yes/no, then you cannot ask the question in Direct Examination

ExaminationsCross Examination: This is a hostile examination. One sides attorney against the other sides witness.They are from opposite teams.After the direct examination, the witness stays on the stand, and the cross-examiner approaches. Control the witness!!! Always ask them to answer all questions with a yes/no unless asked otherwise.Examples of what is okay: almost anything!As long as you are controlling the witness, leading and non-leading questions are OK.

ExaminationsRe-Direct If you still have time, then the direct examiner may re-approach and clarify anything brought up in the cross-exam. Nothing new.Re-Cross same as Re-directmust have time remaining.

Objections:Sometimes an attorney is breaking the rules:You need to protect your witness and your case.Only the attorney responsible for the witness on the stand may objectnobody else on the attorney teams!!!Judge can either Sustain (says its a good objection and doesnt allow the question to be answered) or Overrule (says its a bad objection, that question should be answered.)

ObjectionsLeadingArgumentativeBadgeringSpeculationFoundationHearsayFirst-hand knowledgeUltimate IssueAsked and answeredOutside the Scope

LeadingCan only be used when a direct examination is happening.

Asking yes/no questions

Stating a question that has the answer built in to it so the witness just has to confirm the attorney is correct or incorrect.

ExamplesWhat did you have for lunch?Not leadingYou had a chicken ceasar salad for lunch, didnt you?Leading

ExamplesIsnt it true, you have no siblings?OK in a cross examinationHow many siblings do you have?This is what you would ask in a direct examination

Argumentative/BadgeringArguing with the witness.Did you do this? No. Are you sure you didnt do this? Yes. Positive you didnt do this? Yes. You did this, why arent you admitting to it?!?BadgeringArguing with attitude.

Speculation & FoundationSpeculation Asking the witness to try and guess at what might have happened if circumstances were different.Lets say you went home insteaddo you think or What do you think might have happened if

Foundation Only happens on Direct examinations. This is a big oneIf the attorney has not established foundation for a question, they cannot ask it.Example: First question of the direct exam, So when you were at the partywho did you see drinking alcohol?It hasnt been established that there was a party, with drinking at it, and the witness was actually at that party and saw people drinking. All of that must be established first.

Hearsay/First-hand knowledgeAsking questions that the witness doesnt know from first-hand experience is not allowed.Was Jeshuan drinking that night?Well, I heard (Objection! Hearsay.) that he was drinking.So was he?Yes.How do you know?I heard from Susie

Ultimate IssueCannot ask, straight up, with no foundation, Did you commit this crime? to the defendant. Thats the ultimate issue everyone is here trying to solve.EX: the defendants mental state

Asked and answeredSometimes an attorney will ask the same question over and over again. You killed him? YesSo you really killed him? YesLike shot him in the face and he died? Yes

Outside the ScopeQuestions asked that do not pertain to the packet/trial.Can also be called an Irrelevant Question

Establishing a witness as an expertOnly one type of witness may actually speculate and that is an expert witness.But they must be established as an expert during the direct examination.What are your credentials? Witness lists his/her background/academic credentials.Your honor, Id like to establish this witness as an expert in his/her field.Judge: Are there any objections from the prosecution/defense?If none the witness is declared an expert by the judge and they may now speculate on certain things.

The rule of 3You want the jury to hear important things 3 times! But what objection does this sound like?

Closing statementsTypically written as the trial is progressing.The attorney giving the closing will know what his/her side will be proving and attempting to prove so they can write some of it before the trial.

The endAfter the closing, the jury is sent out to deliberate the verdict.