Examination and Cross-examination

Examination Purpose: To present the evidence necessary to warrant a verdict favorable to your client. All the elements of a law or criminal charge must be brought into evidence by witness testimony or documents. To present the facts with clarity and understanding; to convince the jury of the soundness of your client’s case. To present your witnesses to the greatest advantage; to establish their credibility.

Cross-examination Purpose: To secure admissions from opposing witnesses that will tend to prove your case. To negate your opponent’s case by discrediting his/her witnesses.

How to examine a witness: Ask “open-ended” questions. Those usually begin with who, what, when, where, or how, or by asking the witness to “explain” or “describe.” Avoid complex or long-winded questions— questions should be clear and simple. Be a “friendly guide” for the witnesses as they tell their stories. Let the witnesses be the stars. Be prepared to gather information via questions and answers. Narratives, though very effective, may be open to objections.

How to cross-examine a witness: Use narrow, leading questions that suggest an answer to the witness. Ask questions that require “yes” or “no” answers. Expose lack of sincerity or the existence of bias. Never ask “Why?” It gives a well-prepared witness a chance to explain. Generally, don’t ask questions unless you know what kind of answer you are going to obtain. Be fair, courteous; avoid the “Isn’t it a fact…?” type of questioning. It may be useful not to insist on an answer.

Objections Ambiguous, Confusing, Misleading, Vague, Unintelligible Argumentative Call for Conclusion Calls for Speculation Hearsay Leading Personal attacks on counsel, defendant, or witness Personal opinions by counsel Relevance

Today’s Task Attorneys: you have 10 minutes to meet and decide who will be in charge of collecting information from each of the prosecution’s and defense’s witnesses and understudies today. **There are a total of 12 witnesses (4 expert, 6 eye, and 2 character) Witnesses: Use the 10 minutes to collect the evidence that is relevant to YOUR character from the evidence collected on the butcher paper. Write the evidence that is relevant to you in your comp book. Jurors: You are understudies today. Travel with the witness you are understudying and collect the same information for your character in your comp book. If the witness is not here today, you are solely in charge of collecting the evidence for your character.

Prosecution Lawyers: Coby Connor Garrett Hanah Witnesses: Expert Witnesses: Cody (Eleanor Roosevelt) James (Dalai Lama) Eye Witnesses: Skye/David (Ralph) Matt/Scott (Samneric) Michele (Percival) Character Witness: Leila (Piggy’s Auntie) Defense Lawyers: Nolan Tyler Kailyn Justin Witnesses: Expert Witnesses: Michael (Napoleon Bonaparte) Josh (William Golding) Eye Witnesses: Blake/Amanda (Jack) Maddie/Ian (Roger) Kevin/Sonja (Robert) Character Witness: Abby (Jack’s Mom) Attorneys: Interview your own witnesses FIRST and then interview your opposing side’s witnesses.

Prosecution Lawyers: Connor Morgan Javon Kassi Witnesses: Expert Witnesses: Jonathan/ (Mother Teresa) Stafford (John Locke) Eye Witnesses: Gracelyn/Shawna (Ralph) Richie/Jesse (Samneric) Jacob/Nathan (Percival) Character Witness: Kelsey/Soleil (Piggy’s Auntie) Defense Lawyers: Najae Justin Kaitlin Max Witnesses: Expert Witnesses: Blake (Saddam Hussein) Merari (Charles Darwin) Eye Witnesses: Sheldon/Daniel (Jack) Chris/Loden (Roger) JJ/Carlos (Robert) Character Witness: Hannah (Jack’s Mom) Attorneys: Interview your own witnesses FIRST and then interview your opposing side’s witnesses.

Witness Interviews Attorneys: Use the next 20 minutes interview ALL of the witnesses and understudies. Take notes on what they will be bringing to the trial. These notes will help you develop your questions and anticipated responses for the trial. Witnesses/Jurors: If you are waiting for your interview you should be collecting evidence and preparing your character for the trial. If you are being interviewed you need to be helpful and refer to your Character Bio Sheets. If you are done, witnesses should begin preparing questions & responses and Jurors should begin drafting the pretrial reflection (in comp book).

Attorneys: As a team, look through the interview notes for all 12 of the witnesses. Discuss with each other, what is missing. Do you need more evidence from a specific character? Do you need more information about a character? Do you remember something from the book that would be useful for your case? Contact the necessary witnesses about the information you need. Once all interviews are complete and all information is gathered – work on questions & responses. Witnesses: Look over your character bio sheet and character sketch. Use these tools to begin outlining the kinds of questions you anticipate being asked during the trial (your understudy will help you come up with an outline). Begin working on the 5 anticipated questions and responses Jurors: As the understudy to a witness, help your witness craft and outline for the questions and responses to the 5 anticipated questions and responses that they are responsible for. Once you have an outline for the 5 questions and responses – switch gears and begin work on your 250 word pretrial reflection. Begin writing a draft of your paper in your comp book.

Homework Attorneys: Questions and anticipated responses for 3 witnesses from the prosecution and 3 witnesses from the defense (3 questions for each of the 6 witnesses, a total of 18 questions and responses) ***Between the 4 attorneys on your team, coordinate with each other to make sure ALL 12 of the witnesses have questions & responses written for the trial. THERE WILL BE OVERLAP between attorneys since you are responsible for 6 witnesses each. Jurors: 250 word pretrial reflection Witnesses: 5 anticipated questions and responses that you believe the attorneys may ask you during the trial.

Homework: Tomorrow we will have a detective (expert witness) and a deputy prosecuting attorney come and speak to you about the role they play in a trial. They will help clarify how examination and cross-examination works. They will also help you craft good questions and responses for our trial. On a ½ sheet of paper write down at least 2 questions that you have for the guest speakers tomorrow.

Journal If you are an attorney, witness, or understudy for the Prosecution, you are arguing that a Civil Society existed on the island. What is a civil society? List and describe at least 10 things that make up a Civil Society. If you are an attorney, witness, or understudy for the Defense, you are arguing that a Condition of War existed on the island. What is a Condition of War? List and describe at least 10 things that make up a Condition of War.

What do we do next? Finish two of your three interviews today Lawyers will have a full transcript of their questions written down for two witnesses. Witnesses (and understudies) will have a list of questions from their lawyer and will be prepared to answer those questions with authority. All parties will have a typed transcript of those Q’s or A’s in their hand tomorrow. The number of questions will depend on the witness but there should be a minimum of 10 questions per witness. Many will have more and quite a few will be straightforward.