Grading for lawyers:

Witness Tasks

·        Learn thoroughly the witness statement for the role you have been assigned

·        Rehearse with lawyers

·        Attend all meetings and scrimmages

Witness Paper:

Your paper should be typed, 1.5 spaced, and 12 point font or less.   You should address each one of the bulleted items below in paragraphs.

1.  Describe how your testimony will help your team advance your case.

2.  Describe any discrepancies between the following pieces of information:

- Your affidavit and the stipulated facts

- Your testimony and the testimony of other witnesses

3.  Describe how you and your team thought about playing your role.   How would you behave during your testimony in terms of body language, speech, dress, and responses to specific questions? 

4.  Describe what problem with your performance did you discover during the rehearsals and how did you correct them?

Scoring Guide for Mock Trial

Opening Statement for Prosecution                                      Name of student:

Clearly states the theory of the case:    

Communicates which witnesses will be called and describes their purpose to the case:

Narrates the story in a clear way

Explains burden of proof:

Cites charges:

Ends with a plea to the jury about how to find in this case

Speech is expository, rather than persuasive – avoids argument

Demonstrates appropriate courtroom demeanor, language, behavior, pacing, gestures

Appears confident, has good eye contact, varies vocal qualities

Speech is fully memorized with no reference to notes

Comments/Notes for Opening Statement:

Opening Statement for Prosecution                                      Name of student:

Clearly states the theory of the case:    

Communicates which witnesses will be called and describes their purpose to the case:

Narrates the story in a clear way

Explains burden of proof:

Cites charges:

Ends with a plea to the jury about how to find in this case

Speech is expository, rather than persuasive – avoids argument

Demonstrates appropriate courtroom demeanor, language, behavior, pacing, gestures

Appears confident, has good eye contact, varies vocal qualities

Speech is fully memorized with no reference to notes

Comments/Notes for Opening Statement:

Prosecution Direct Examination                               Name of student:  

Calls for answer based upon mock trial materials

Reveals all the facts favorable to your case

Asks good, focused questions using who, what, when, where, where that establishes a tightly constructed narrative

Lays foundations question if necessary, but does not lead witness

Makes good objections to protect witness

Argues objections well

Introduces evidence correctly if necessary

Conducts re-direct in order to clean up problems that arose on cross examination

Is well rehearsed with witness, and establishes a good, cooperative rapport with witness

Uses appropriate legal language

Comments for witness direct examination:

Teacher comments:

Prosecution Witness #1                                                         Name:

Knows witness statement very well, and is able to make reasonable inferences during their testimony

Answers questions completely, and avoids narration

Avoids problems (hearsay or impeachment), and waits for objections to be resolved

Is well prepared and maintains their credibility under cross examination

Maintains a professional decorum by making eye contact with lawyer, judges, and jury as is necessary

Is a convincing character, and has demonstrated to thought to their characters speech, demeanor, and appearance when they testify

Comments:  

Prosecution Witness #2                                                                                 Name:

Knows witness statement very well, and is able to make reasonable inferences during their testimony

Answers questions completely, and avoids narration

Avoids problems (hearsay or impeachment), and waits for objections to be resolved

Is well prepared and maintains their credibility under cross examination

Maintains a professional decorum by making eye contact with lawyer, judges, and jury as is necessary

Is a convincing character, and has demonstrated to thought to their characters speech, demeanor, and appearance when they testify

Comments:  

Prosecution Witness #3                                                                                 Name:

Knows witness statement very well, and is able to make reasonable inferences during their testimony

Answers questions completely, and avoids narration

Avoids problems (hearsay or impeachment), and waits for objections to be resolved

Is well prepared and maintains their credibility under cross examination

Maintains a professional decorum by making eye contact with lawyer, judges, and jury as is necessary

Is a convincing character, and has demonstrated to thought to their characters speech, demeanor, and appearance when they testify

Comments:  

Defense Cross Examination                          Name of student:

Asks only leading questions and listens carefully to answers to ask necessary follow-up questions

Explores weaknesses in all witnesses statements making reasonable inferences that are helpful to the case

Challenges the credibility, competence and opinions of all witnesses

Only asks questions where answer is known, and doesn’t allow witness from stray from the witness statement

Is brief, only asks key questions, and does not allow witnesses to repeat their points

Makes appropriate objections

Argues objections well

Introduces evidence correctly if necessary

Conducts re-cross if necessary

Uses appropriate courtroom language and behavior, that does not badger witnesses

Comments for witness cross-examination:

Teacher comments:

Prosecution Direct Examination                               Name of student:  

Calls for answer based upon mock trial materials

Reveals all the facts favorable to your case

Asks good, focused questions using who, what, when, where, where that establishes a tightly constructed narrative

Lays foundations question if necessary, but does not lead witness

Makes good objections to protect witness

Argues objections well

Introduces evidence correctly if necessary

Conducts re-direct in order to clean up problems that arose on cross-examination

Is well rehearsed with witness, and establishes a good, cooperative rapport with witness

Uses appropriate legal language

Comments for witness direct examination:

Teacher comments:

Prosecution Cross Examination                                Name of student:

Asks only leading questions and listens carefully to answers to ask necessary follow-up questions

Explores weaknesses in all witnesses statements making reasonable inferences that are helpful to the case

Challenges the credibility, competence and opinions of all witnesses

Only asks questions where answer is known, and doesn’t allow witness from stray from the witness statement

Is brief, only asks key questions, and does not allow witnesses to repeat their points

Makes appropriate objections

Argues objections well

Introduces evidence correctly if necessary

Conducts re-cross if necessary

Uses appropriate courtroom language and behavior, that does not badger witnesses

Comments for witness cross-examination:

Teacher comments:

Defense Witness #1                           Name:

Knows witness statement very well, and is able to make reasonable inferences during their testimony

Answers questions completely, and avoids narration

Avoids problems (hearsay or impeachment), and waits for objections to be resolved

Is well prepared and maintains their credibility under cross examination

Maintains a professional decorum by making eye contact with lawyer, judges, and jury as is necessary

Is a convincing character, and has demonstrated to thought to their characters speech, demeanor, and appearance when they testify

Comments:  

Defense Witness #2                                                                          Name:

Knows witness statement very well, and is able to make reasonable inferences during their testimony

Answers questions completely, and avoids narration

Avoids problems (hearsay or impeachment), and waits for objections to be resolved

Is well prepared and maintains their credibility under cross examination

Maintains a professional decorum by making eye contact with lawyer, judges, and jury as is necessary

Is a convincing character, and has demonstrated to thought to their characters speech, demeanor, and appearance when they testify

Comments:  

Defense Witness #3                                                                          Name:

Knows witness statement very well, and is able to make reasonable inferences during their testimony

Answers questions completely, and avoids narration

Avoids problems (hearsay or impeachment), and waits for objections to be resolved

Is well prepared and maintains their credibility under cross examination

Maintains a professional decorum by making eye contact with lawyer, judges, and jury as is necessary

Is a convincing character, and has demonstrated to thought to their characters speech, demeanor, and appearance when they testify

Comments:  

Closing Statement of Defense                                  Name of student:

Reviews all evidence favorable to the case including each witness testimony in a complete and convincing manner

Recalls the problems with the other side’s case including inconsistencies in witness testimony in a convincing manner

Reviews the theory of the case

Reminds the jury of the burden of proof and uses it to their advantage

Reminds the jury of the law, its definition, and uses that definition to their advantage

Does not introduce new information or evidence

Ends with a plea to the jury

Appeals to both reason and emotion with the jury in an effective manner

Uses effective, persuasive, and appropriate language for the jury and the court

Integrates vocal change, gestures, eye contact and pacing for effective communication

The speech is fully memorized without reference to notes

Closing Statement of Prosecution                             Name of student:

Reviews all evidence favorable to the case including each witness testimony in a complete and convincing manner

Recalls the problems with the other side’s case including inconsistencies in witness testimony in a convincing manner

Reviews the theory of the case

Reminds the jury of the burden of proof and uses it to their advantage

Reminds the jury of the law, its definition, and uses that definition to their advantage

Does not introduce new information or evidence

Ends with a plea to the jury

Appeals to both reason and emotion with the jury in an effective manner

Uses effective, persuasive, and appropriate language for the jury and the court

Integrates vocal change, gestures, eye contact and pacing for effective communication

The speech is fully memorized without reference to notes