san diego county high school - mock trial - update: …sdmocktrial.org/2017 mock trial competition-...
TRANSCRIPT
Presented by: Hon. Yvonne E. Campos Michelle Chavez (SDCBA)
Hon. David H. Bartick Julie Myres (Superior Court)
Hon. Linda B. Quinn (Retired)
San Diego County High School
San Diego County Office of Education
September 19, 2016, 4:00-5:00 p.m.
September 22, 2016, 4:00-5:00 p.m.
Presented By
San Diego County Bar Association (SDCBA)
Superior Court of California, County of San Diego
United States District Court, Southern District of
California
San Diego County Office of Education
Constitutional Rights Foundation (CRF)
The mission of the San Diego County High School Mock Trial
Program is to foster understanding and respect for the
American legal system and for the rule of law. The Program
seeks to develop high school students into better citizens by
familiarizing them with our Constitution and Bill of Rights
through academic competition enhancing students’ ability to
think critically, communicate effectively and work as a team
as well as with other members of society.
The San Diego County High School Mock
Trial Competition was created…
to help students acquire a working
knowledge of our judicial system
develop analytical abilities and
communication skills
gain an understanding of their
obligations and responsibilities as
participating members of our society
In 1980, Constitutional Rights
Foundation (CRF) introduced the
Mock Trial program, which
already had a strong following in
Los Angeles County, to all the
counties in California.
Currently involves 36 counties
The National High School Mock
Trial Championship started in
1984.
Involves 48 states, territories,
and countries
A rehearsed trial for the purpose of teaching about the legal
system in an academic and competitive manner.
Mock Trial materials include: a hypothetical criminal case
and competition rules and guidelines.
The trials take place in courthouses throughout the state to provide students with a real courtroom experience.
Teams present both sides of the pretrial argument and trial (Prosecution/Defense).
Real judges preside over the trials and attorneys score the competition.
High School
Students
Judges, Magistrates and
Commissioners
(State and Federal)
Attorney CoachesLawyers
Teacher Sponsors
8-25 students
Trial Attorneys and
Pretrial Attorneys
Witnesses
Clerk and Bailiff
Maximum number of students per round
(as Prosecution or as Defense)
9 1 pretrial motion attorney
3 trial attorneys maximum (per the team rule book)
4 witnesses (all 4 must be called in one trial)
1 clerk - participates with the prosecution team
1 bailiff - participates with the defense team
The 2017 National Competition will
take place on
May 11 - 13 in Hartford, Connecticut
1st Round: Thursday, February 16
@ 5:00 p.m.
2nd Round: Tuesday, February 21
@ 5:00 p.m.
3rd Round: Thursday, February 23
@ 5:00 p.m.
4th Round: Saturday, February 25
@ 8:30 a.m.
2017 Competition Dates
Championship: Saturday, February 25
@ 2:00 p.m.
The 2017 State Competition will
take place on
March 24 - 26, in Riverside
Trials will take place at:
County Courthouse
Superior Court of California,
County of San Diego
220 West Broadway
San Diego, CA 92101
[Enter through the Hall of Justice, 330 West Broadway]
The Mock Trial program allows students…
To develop the skills necessary for the
mastery of state content standards for
history and social science.
To understand both the content and
processes of our legal system.
To increase basic skills, analytical ability,
and self-confidence.
To cooperate with students of various
cultures and interests.
For the school, the program will…
Promote cooperation and healthy academic competition among students of varying abilities and interests.
Demonstrate the achievements of young people to the community.
Provide a hands-on experience outside the classroom from which students can learn about law, society, and themselves.
Provide a challenging and rewarding experience for teachers.
Academy of Our Lady of Peace
Bonita Vista High School
Carlsbad High School
Cathedral Catholic
Christian High School
Coronado High School
Crawford High School
Dehesa Charter School
Del Norte High School
Escondido Charter
Francis Parker School
Grossmont High School
King Chavez High School
La Jolla Country Day School
La Jolla High School
Lincoln High School
Maj. Gen. Raymond Murray
Otay Ranch High School
Patrick Henry High School
San Diego High International Studies
Scripps Ranch High School
St. Augustine High School
Steele Canyon High School
The Bishop’s School
Torrey Pines High School
Vista High School
Westview High School
CRF creates and produces a new set of Mock Trial materials
annually based on a hypothetical criminal case.
With the assistance of a Teacher Sponsor and Attorney
Coach, students working in teams study the case and
prepare strategies and arguments for trial.
Teams prepare and present the trial from the perspective of
both the prosecution and the defense.
8-25 students on a team
Students portray each of the
principals in the cast of
courtroom characters, including
attorneys, witnesses, court clerks
and bailiffs
Teacher Sponsor
Attorney Coach(es)
(SDCBA provides attorneys)
Members from the bar and bench
participate in the program each
year as: Attorney Coaches
Courtroom Monitors(College/Law Students)
Scoring Attorneys
Presiders (State, Federal and Magistrate
Judges & Commissioners)
At least one coach is assigned to work with each team
Role is to advise the students on general trial techniques and procedures, as well as specific strategies for presenting the case
Usually requires meeting with a team at least once per week during the season
Scoring attorneys rate each student’s performance while the student teams present their case to a judge or commissioner.
Attorneys are given a set of criteria by which the teams are rated numerically and judge the quality of the students’ presentations, their grasp of the law and court procedures, and their understanding of the case itself.
The San Diego County High School Mock Trial Competition will consist of four trial rounds and a Championship Round at the San Diego County Courthouse.
After teams compete in four rounds, an Awards Ceremony is held and the two teams with the highest scores are announced and will compete the championship round.
The championship round is held immediately following the Awards Ceremony.
The Constructional Rights Foundation has adopted
a new rule for the State Finals regarding timing
devices. The clerk (official timer) and unofficial
timer may only use a stop watch to keep time. Cell
phones, tablets and other electronic devices will not
be allowed.
The San Diego competition will not be adopting this
new rule. The use of cell phones or other electronic
devices to keep time will continue to be allowed.
Each year with the help of Justices, judges and attorneys throughout the state, CRF creates a fictional criminal case involving serious issues facing young people today.
This year’s trial is a human trafficking and false imprisonment case featuring a pre-trial argument on the Fourth and Fifth Amendments.
People V. Awbrey
If you would like an attorney coach
or coaches assigned to your team
please contact Michelle Chavez at
no later than:
October 28, 2016
To help streamline the team registration process
and collecting the required forms a new on-line
registration system has been created and can be
found at sdmocktrial.org in the 2017 Competition
Forms section.
The registration form can now be completed and
submitted on line as well as uploading the team
roster, permission slips and photo releases and
guest lists.
Registration Fee $375
This fee must be paid in full and received by the San
Diego County Bar Association no later than
December 1, 2016, or the team will not be ineligible to compete.
Please mail fee to:
San Diego County Bar AssociationAttn: Michelle Chavez/Mock Trial Competition401 West A Street, Suite 1100San Diego, CA 92101
A team roster (in an Excel spreadsheet) listing all
participating students, signed permission slips and
photo release forms must be submitted to Michelle
Chavez by December 1, 2016 via the new on-line
registration system at sdmocktrial.org in the 2017
Competition Forms section. Failure to do so may
lead to disqualification of the team.
A team guest list (in an Excel spreadsheet) must be
submitted to Michelle Chavez via the new on-line
registration system at sdmocktrial.org in the 2017
Competition Forms section no later than February
3, 2017. Failure to submit a guest list will result in
guests not being admitted into the courthouse.
Guests may be added after that date by emailing the
names to Julie Myres at [email protected]
1. Case Brief
2. Case Packet – password 2116mock2097
3. Errata
4. Exhibits
5. Team Rulebook
6. Judge/Attorney Handbook
7. Mock Trial Simplified Rules of Evidence “NEW”
8. Trial Exhibits
9. Forms• Student Permission Slip and Photo Release• Clerk & Bailiff Notes• Time Sheet• Prosecution Team Photo Roster• Defense Team Photo Roster• Student Award Nomination Form
MUST DOWNLOAD All COMPETITION CASE MATERIALS AND FORMS ONLINE FROM THE WEBSITE BELOW
sdmocktrial.org
The Constitution Rights Foundation has created the
Mock Trial Simplified Rules of Evidence which are
based on the California Evidence Code and will help
prepare students to make timely objections, avoid
pitfalls in their presentations and understand some
of the difficulties that arise in actual court trials. The
purpose of using the rules of evidence in the
competition is to structure the presentation of
testimony to resemble a real trial.
All Teams must provide a roster for each round with a photo of student playing each role. Bring 5 copies for
the Judicial Presider and Attorney Scorers. The fillable form can be found at sdmocktrial.org.
Pretrial Motion (X2)
Clear and concise presentation of issues and appropriate use of case materials.
Well-developed, reasoned, and organized arguments.
Solid understanding of legal reasoning behind the arguments.
Responded well to presider’s questions and maintained continuity in argument.
Effective rebuttal countered opponent’s argument.
Opening Statement
Provide a case overview
Theme/Theory of the case was identified
Mention the key witnesses
Discuss burden of proof
State the relief requested
Direct/Re-Direct Examination
Questions required straightforward answers and brought out key information for her/his side of the case.
Attorney effectively responded to the objections made.
Attorney properly introduced exhibits and, where appropriate, properly introduced evidence as a matter of record.
Attorney properly phrased and rephrased questions and demonstrated a clear understanding of trial procedures.
Attorney made effective objections to cross-examination questions of her/his witness when appropriate.
Attorney did not make unnecessary objections.
Throughout questioning, attorney made appropriate use of time.
Attorney used only those objections listed in the Summary of Evidentiary Objections.
Cross-Examination
Attorney made effective objections to direct examination (of the witness she/he cross-examined) when appropriate.
Attorney did not make unnecessary objections.
Attorney properly phrased and rephrased questions and demonstrated a clear understanding of trial procedures.
Attorney exposed contradictions in testimony and weakened the other side’s case.
Witnesses
Witness was believable in her/his characterizations and presented convincing testimony.
Witness was well prepared for answering the questions posed to her/him under direct examination and responded well to them.
Witness responded well to questions posed under cross-examination without unnecessarily disrupting or delaying court proceedings
Witness testified to key facts in a consistent manner and avoided irrelevant comments.
Witness did not disrupt the trial with unreasonable inferences.
Closing Arguments (x2)
Attorney’s performance contained elements of spontaneity and was not based entirely on a prepared text.
Attorney incorporated examples from the actual trial, while also being careful not to introduce statements and evidence that were not brought out during the trial.
Attorney made an organized and well-reasoned presentation summarizing the most important points for her/his team’s side of the case.
Effective rebuttal countered opponent’s arguments.
Clerk
Present and punctual for trial.
Performed her/his role so that there were no disruptions or delays in the presentation of the trial.
Conducted her/himself professionally without attracting any unnecessary attention.
Properly used verbal and visual time warnings.
Bailiff
Present and punctual for trial.
Performed her/his role so that there were no disruptions or delays in the presentation of the trial.
Conducted herself/himself professionally without attracting any unnecessary attention.
Knowledgeable about their role in the trial
Followed script
Team Performance
Team members were courteous, observed general courtroom decorum, and spoke clearly and distinctly and displayed good sportsmanship to all competitors, regardless of trial results.
All team members were involved in the presentation of the case and actively participated in fulfilling their respective roles.
Witnesses performed in synchronization with attorneys in presenting their side of the case.
As much as possible, each trial attorney displayed examination and argumentation skills, and when appropriate, displayed knowledge of California Simplified Rules of Evidence in making objections Team members demonstrated cooperation and teamwork.
The teachers and attorney coaches displayed good sportsmanship.
· Failure to cross-examine a witness · ONLY applies to rule violations that specify a zero score
· Failure to conduct direct examination of a witness
· Disorganized · Inadequate legal knowledge or understanding of role
· Communication is minimally clear and disorganized and ineffective. · Weak or inaudible voice
· Inadequate preparation and poor understanding of case and legal procedure · Disruptive or disrespectful during trial
· Poor presentation
· Some organization · Stronger voice needed
· Some preparation and some understanding of case and legal procedure · Invents material facts and repeatedly stumbles over responses
· Awkward presentation · Needs more work on poise and delivery
· Demonstrates some legal knowledge or some understanding of role
· Communication is clear and organized but could be stronger in fluency and persuasiveness. · Audible voice
· Adequate preparation and demonstrated a basic understanding of case and legal procedure · Needs more spontaneity and persuasiveness
· Acceptable but uninspired presentation · Can think on their feet but exhibits less confidence than with the script.
· Demonstrated basic legal knowledge and mostly understood role
· Well-organized and good preparation · Able to be spontaneous some of the time
· Demonstrated good understanding of case and legal procedure · Clear mastery of case materials
· Good smooth presentation · Communication is clear, organized and persuasive.
· Clearly demonstrated legal knowledge and understood role · Mostly believable performance
· Questions/answers mostly advance case theory · Easily audible voice
· Superior in qualities listed in above average presentation. · Resourceful, original & innovative approaches
· Excellent preparation and well organized · Portrayal w as both extraordinary and realistic, not overly rehearsed or memorized
· Demonstrated superior ability to think on her/his feet · Clear understanding of rules and procedures
· Demonstrated outstanding knowledge of case and legal procedure · Strong voice
· Questions and answers almost always advanced case theory · Polished
5 — EXCELLENT (EXCEPTIONAL PERFORMANCE)
The following are general guidelines to be applied to each category on the score sheet. It is strongly recommended that scorers use “3” as an
indication of an average performance, and adjust higher or lower for stronger or weaker performances.
0 — PENALTY (NONPERFORMANCE OF REQUIRED PRESENTATION)
1 — FAR BELOW AVERAGE (UNACCEPTABLE PERFORMANCE)
3 — AVERAGE (MEETS REQUIRED STANDARDS)
2 — BELOW AVERAGE (FAIR, WEAK PERFORMANCE)
4 — ABOVE AVERAGE (GOOD, SOLID PERFORMANCE)
The Constructional Rights Foundation
has adopted a new 1 to 10 point scale for
rating performance for the State Finals.
The San Diego Competition will continue
to use a 1 to 5 point scale.
1st & 2nd Place TeamsOutstanding Pretrial Attorney (4)
Outstanding Attorney (6)Outstanding Witness (8)
Outstanding Clerk and Bailiff (2)All students receive a Certificate of Participation
“Mock Trial exposed me to
the opportunities that a
higher education can provide
and allowed me to meet
mentors who would change
the course of my life.”
~ Hon. Raquel Márquez-Britsch
Judge, Riverside Superior Court
The “real life” aspect of the
program is one of its many
highlights.
Some alumni have chosen to
pursue a career in law and cite
mock trial as having an
influence in that decision.
Beyond just the competition,
Mock Trial has a lasting effect
on participants.
For complete stories please visit: http://www.crf-
usa.org/alumni/crf-alum-information
“That competition was the ultimate
stretch of my high school
career…After that [my dreams]
started to evolve and became bolder
and more daring.”
~ Fesia Davenport
Chief Deputy Director and Chief Attorney of the County of Los
Angeles Child Support Services Department. “I am not afraid to think on my feet.”
~ Natalie Robinson
High School Teacher, Arizona
For complete stories please
visit: http://www.crf-
usa.org/alumni/crf-alum-
information
“[Mock Trial was] life changing.”
~ Dora Duru
Stanford University, B.A. International relations, 2012
If you would like to know where
your team placed in the 2016
competition please email us at:
The San Diego County High School Mock Trial Committee is
comprised of members from the following agencies:
San Diego County Bar Association (SDCBA)
Superior Court of California, County of San Diego
United States District Court, Southern District of California
Constitutional Rights Foundation (CRF)
County of San Diego, Office of the District Attorney
County of San Diego, Office of the Public Defender
Federal Defenders of San Diego, Inc.
United States Attorney’s Office, Southern District of California
San Diego County Paralegal Association
Contact Person for any questions:
Michelle Chavez, County Coordinator (School Liaison)
San Diego County Bar Association
401 West A, Suite 1100
San Diego, CA 92101
P 619-321-4150
F 619-696-3987
We hope you participate in the 2017 San Diego County High School
Mock Trial Competition!