Mock Trial Skills

1
Mock Trial Skills

• Closing, Direct, and Cross

2
Closing Arguments
3
Opening vs. Closing

• Closing Argument
• Work only with facts established in trial
• Argument from facts is the goal
• Some discussion of law, burden of proof, etc.

• Opening Statement
• Talk about facts to be established at trial
• Arguments from facts not allowed
• Little or no discussion of law

4
So, what is an argument?

• Going beyond the facts to get to the conclusion
  you think they support
• Think of it in terms of so, therefore,
  however

5
More on Theme and Theory

• Theory
• Your version of how the facts went down.
• Did Bender commit the crime to get Judas away
  from Strong or did Judas commit the crime to get
  Bender away from Strong?
• Should fit into the law

• Theme
• The motif of your case.
• The idea or phrase that ties it together
• Think of in terms of This is a case about

6
Primacy and Recency/Rule of 3

• Try to organize into three, overarching points or
  sections.
• Helps you keep it organized in your head, like a
  set of book marks
• Helps others follow along and remember
• Put your strongest points first or last
• Remember that we talked about putting the 2nd
  strongest point first, followed by the weakest
  point and ending with your strongest point last.

7
Direct versus Cross Ex

• Goals of Cross
• Tell the witness what to say
• Make the witness appear un-credible
• Attorney Talks
• Focus should be on the attorney

• Goals of Direct
• Let your witness tell their story
• Make your witness appear credible
• Witness Talks
• Focus should be on witness

8
Straight Man/Funny Man

• Direct is like a Comedy Team
• The attorney is the straight man
• The witness is the funnyman

9
Form of the Question

• Open ended on direct
• Who
• What
• Where
• When
• How
• Leading on cross
• , didnt you?
• , isnt it?
• , correct?

10
Primacy and Recency/Rule of 3

• Direct and Cross should both be organized in
  three broad groups of questions
• Investigation of crime scene, persons of
  interest, closing of case
• Relationship with Samantha, whereabouts during
  time of crime, actions following the crime
• Biggest points first or last
• 1st Second strongest point
• 2nd Weakest point
• 3rd Strongest point

11
Question Order

• Want your questions to build or flow
• Think of it as a conversation (direct between
  friends) or an explanation (cross parents
  caught you in the wrong)
• One question should follow from the next, until
  you get to the end of your big point
• Helps jury or judge so answers dont seem to come
  out of the blue