Tuesday, January 10th: Direct Examination Workshop

 Starter #3
1. How should direct examination questions be formatted/structured? What type of questions are NOT allowed?
2a. Lawyers and Witnesses:  Craft one direct examination question you imagine being asked or asking during our trial.  Choose which witness.
2b. Judges: List out as many of the types of objections that you remember as possible.  
3. Now, read over the direct examination guidelines (SEE THE END OF TODAY's BLOG POST) and jot down any questions you have for our guest lawyer, Matt Kenna.

CLASS BIZ
Mountain Middle School 8th graders are having a mock trial tomorrow at 5:30 at the courthouse.  GO! Support them! They are coming to ours!
HELPFUL Mock Trial RESOURCES (These are on the project page  of my DP too)
A.  Helpful Links for Evidence/Reports/Background info

• Compilation of memos/letters/reports by various key internment camp "players"
• Good source for Biddle witness and lawyers (pages 53-55)
• Good source for Hoover witness and lawyers
• Good source for DeWitt witness and lawyers

B. Direct-Examination Video (see the embedded video below)

C.  Info on Curtis Munson and the Munson report-  GOOD source for both prosecution and defense. 

•  http://encyclopedia.densho.org/Munson_Report/
• ​http://www.digitalhistory.uh.edu/active_learning/explorations/japanese_internment/munson_report.cfm

D. Examples of Opening Statements:

• Murder Trial Opening Statement
• Opening Statement from Nuremberg Trial- Supreme Court

E.  Examples of Closing Statements:

• Criminal Case Closing Statement Example (not a real trial)
• From the film A Time To Kill (murder trial- sensitive content here)

F.  Examples of Cross Examination Questions:

• University of South Carolina Mock Trial: Expert Witness

G.  Direct-Examination Questions:

• Example of 

AGENDA
1. Direct Examination workshop led by guest lawyer, Matt Kenna (see below for guideliens on Direct Exam)
2. Group Check-ins (see both A and B below)
    A. Whole Group Check in: Lawyers and Witnesses, meet as one big group and share out all of your individual research thus far: How does it fit together? What gaps are there? What evidence have you found so far? Who needs to find more evidence? (Each witness should have one piece of evidence for them and EACH lawyer needs to have two pieces of evidence they plan on using during the trial during witness examinations).
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       B. Individual team check-ins

• Review your rubrics (they are in your folders).  One person read aloud the rubrics for Preparation and Performance.  Do you have any questions or concerns?
• Review your team calendar.  What are TODAY's objectives? What deadlines do you have this week?  Look ahead at both weeks too and take some time to manage your time and distribute your work as you think necessary.
• Discuss your team's theory of case (check in with Ashley about this esp. Defense Team)

3. Work Time (lawyers, take advantage of Matt Kenna's presence to ask him questions about your case)

Direct Examination

• The purpose of the direct examination is to ask clear and simple questions that allow the witnesses to tell the complete story. Your team can win the trial on the strength of the direct examination.
• Decide the order of the witnesses you will call.
• Write questions that ask for facts, which are relevant to the case you are building. All witnesses should be asked identifying questions such as: What is your occupation? Where do you work? How are you related to this case? Do you have any expert credentials?    
• Make a list of direct questions. Then write the answers you expect the witness to give. Remember each question should only cover one piece of information at a time. Questions should ask the witness to describe the scene and the relevant information so the judge can visualize the event.
• Start at the beginning. Avoid jumping around in time and instead design questions that get the witness to tell the story chronologically one step at a time.
• What is the information you want the judge to hear at the very end, in order to make a lasting impression? Write a question designed to emphasize the main thing you want the judge to learn from this witness.
• Go over the witness statement with your witness and practice getting the story out through your questions.
• Coach your witnesses on what questions you think the opposing lawyers might ask on cross examination.
• Practice your questions and refer only briefly to notes.
• The judges tend to remember what is said first and last. Therefore, work with your team to think about any 
possible weaknesses in your case and present them somewhere in the middle of the direct examination. It is usually most effective to be forthright about any weaknesses in order to preempt the opposing side from bringing them up. Also, it is recommended that your team schedules the strongest witnesses to be the first and last to take the stand.
• If your witnesses get nervous and forget to mention important details, it is your job to ask questions that will draw out those details. If a witness says something unexpected and harmful to the case, remain calm and go to another question to try to refocus the judge’s attention.
• Advise your witnesses to listen carefully to the opposing attorney during the cross-examination and only answer the question that is asked. Witnesses should never volunteer information under cross-examination.