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Crimes Against Humanity Trials
Your job is to either defend or condemn the actions of these people. You must research theTrial Topic and the people involved. The court trials (30-40 minutes each) will take place on _____ in the library.
Each case will involve up to 8 people:
-2-3 attorneys for the defense and 1 defendant
-2-3 attorneys for the prosecution and 1 witness (witness must be announced before the end of the 1st block day - Written proof must be shown to judge Salinas)
-You will be judged and assessed by your classmates (the jury) and the Honorable Justice Salinas
Modern World History
Mr. Salinas
Trial Work (written requirements)
Written Work: All work must be typed and double- spaced.
Write a 2 page paper stating and explaining your personal opinion of the case.
Summarize the "issues" of the case. Why is this defendant being charged?
Would you personally acquit or convict the defendant in your case? Why?
Support your opinion with evidence (mention the primary sources). Be as specific as possible.
The paper should be in essay format.
Individual Written Scripts (you do either A or B)
Attorneys
Write a list of your personal statements (open or closing) and/or questions (direct or cross examination) they you will ask.
Very Important: No attorneys should turn in the same questions. Make sure the questions are trying to "bring relevant information out" in the trial.
Give a short description of your team's strategy/plan to win the case (how will you win?) Team members should all discuss this first.
Witness/Defendant:
Write an explanation of who you (own words, no copy and paste version) are and how you will help the case
Write several questions that your attorney will ask you (or you think they will ask you)
Write several questions that you expect the opposing attorney to ask you (for each of these questions, explain what your response will be)
Give a short description of your team's strategy/plan for the case (how will you win?) Team members should all discuss this first.
"No Excuse" Due Date:
All written work is due_____ - Hand delivered (no under the door or mailbox)
If you have any absences, I need for you to have a parent call me at 695-5612 (ext. 3316)
Remember, this is a "dress-up day". Can I loan you a tie?
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Opening Statement Prosecution (3-5 minutes)
Opening Statement Defense (3-5 minutes)
Prosecution Witness (must be found)
Direct Examination (3-5 minutes)
Cross Examination (3-5 minutes)
Defense Witness (the defendant)
Direct Examination (3-5 minutes)
Cross Examination (3-5 minutes)
Prosecution Closing Statement (3-5 minutes)
Defense Closing Statement (3-5 minutes)
Types of Evidence
Verbal Evidence is something that someone testifies to (testimony by witnesses)
Physical Evidence is any physical piece that you would like the court to consider when making its decision (affidavits, letters, etc.)
Evidence DEADLINE. _____.
Other Stuff
Don't make up evidence or lie on the stand (this could lose your case)
This is not Judge Judy's Court (save the unnecessary drama for TV)
Your grade "is not" based on if you "win or lose", it's based group effort and individual performance (including written work).
Important Attorney Information (all members should know this!)
Courtroom Objections
Badgering the Witness-if an attorney is being rude, raising their voice, or getting out of hand with a witness, you may object
Not in Evidence-if someone refers to something that has not been admitted into evidence, you may object (all physical evidence will be in plastic sheets)
Relevance- if a witness testifies to something or an attorney asks a question about something that has nothing to do with the case, you may object
Hearsay-if a witness is asked to repeat something that someone said to prove that actually happened, you may object
Example- Joe is being tried for murdering Henry. The witness testifies "Ellen told me that Joe killed Henry." If this is offered to prove that Joe killed Henry- this is hearsay
Speculation-if a witness attempts to guess the answer of a possible outcome, you may object
Example- what if the defendant were a woman would that mean- this is speculation
Leading the witness- if a lawyer asks a question that suggests a desired answer (direct examination)
Example- The lawyer asks, "You took the radio because you wanted revenge, right?"
Exception to the Rule: Leading Questions are allowed in "cross examinations only"
Important Attorney Information (know this!)
The Opening Statement
Characteristics:
Outline of the facts that the attorney expect to prove during the trial
Easy-to-understand and neutral version of the case from your sides perspective
Don't plead to the jury or make it very emotional (that's later)
Suggest a motive or emphasize a lack of motive for the crime
Speak and face the jury
The prosecution delivers the first opening statement. A defense attorney may follow immediately or delay the opening statement until the prosecution has finished presenting its witnesses.
Begin your statement with a formal address to the judge:
"Your honor, my name is __________ (full name), the prosecutor representing the people of the state of ________________ in this action;" or
"Your honor, my name is __________ (full name), counsel for ___________ (defendant) in this action;"
Now face the jury
Proper phrasing includes:
"The evidence will indicate that ."
"The facts will show that."
"The facts will prove that."
"Witness __________ (full name) will be called to testify that ."
"The defendant will testify that ."
Important Attorney Information (know this!)
Direct Examination
Attorneys conduct direct examination of their own witnesses to bring out the facts of the case.
Characteristics:
Ask the witness to tell the story (narrative) rather than using "leading questions" which call for "yes" or "no" answers.
Call for answers based on information provided in the case materials (physical evidence)
Reveal all of the facts favorable to your position
Make the witness seem believable
Keep the witness from rambling about unimportant matters
Call for the witness with a formal request:
"Your honor, I would like to call __________ (name of witness) to the stand."
The witness will then me sworn in before testifying.
After the witness is sworn in, you may wish to ask some introductory questions to make the witness feel comfortable. Appropriate inquiries include:
-The witness' name and age
-Present employment or occupation
-Further questions about professional qualifications are necessary if you wish
to qualify the witness as an "expert"
Examples of proper questions on direct examination:
"Could you please tell the court what occurred on ________ (date)?"
"What happened after the defendant .?"
"Why did.?
"Describe how.?
Conclude your direct examination with:
"Thank you, Mr./ Ms. __________ (name of witness). That will be all, your honor." (The witness remains on the stand for cross-examination.)
Important Attorney Information (know this!)
Cross Examination
Cross-examination follows the opposing attorney's direct examination of his/her witness. Attorney's conduct cross-examination to explore weaknesses in the opponent's case, test the witness' credibility, and establish some of the facts of the cross-examiner's case whenever possible.
Characteristics:
Use leading questions which are designed to get "yes" or "no" answers
Don't ask a question that will give the witness a chance to unpleasantly "surprise the attorney". Don't ask a question that you don't know the answer to!
Don't give the witness an opportunity to take over with a narrative explaination
In an actual trial, cross-examination is restricted to the scope of issues raised on direct examination. For our Mock Trial, we will be flexible with this.
Examples of proper questions on cross-examination:
"Isn't it a fact that ?"
"Wouldn't you agree that ?"
"Don't you think that ?"
"When you, weren't you .?"
Cross-examination should conclude with:
"Thank you, Mr./Ms. _________ (name of witness). That will be all your honor."
Attorney Information (know this!)
Closing Arguments
A good closing argument summarizes the case in the light most favorable to your position. The prosecution delivers the first closing argument. The closing argument of the defense attorney concludes the presentations.
Characteristics:
Be emotionally charged and strongly appealing (unlike the calm opening statement)
Emphasize the facts which support the claims of your side, but don't raise any new facts
Summarize the favorable testimony
Attempt to reconcile inconsistencies (respond to) that may have hurt your side
Be well organized. (Starting and ending with your strongest points)
The Prosecution: should emphasize that the state has proven guilt beyond a reasonable doubt
The Defense: should raise questions which suggest the continued existence of a
reasonable doubt (remind the jury that your client is innocent until proven guilty)
Proper phrasing includes:
"The evidence has clearly shown that "
"Based on this testimony, there can be no doubt that "
"The prosecution has failed to prove that "
"The defense would have you believe that "
Conclude the closing argument with an appeal to convict or acquit the defendant.
"Ladies and gentlemen of the jury, I encourage you to convict _______________."
"Ladies and gentlemen of the jury, I encourage you to acquit ________________."
Convict - found guilty
Acquit - found not guilty
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