DOC - American University Washington College of Law by liuhongmeiyes

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									                   CRIMINAL TRIAL ADVOCACY – FALL 2010

                                  COURSE REQUIREMENTS

CLASS DESCRIPTION:

In Criminal Trial Advocacy student-attorneys participate directly in three criminal trials using
fictitious case files. Student-attorneys prepare and litigate two criminal cases over several class
periods and a final criminal case before a jury panel of high school students in a full-day trial on
Saturday, November 20, 2010.

During the fall term the focus will be on planning, trial strategy and tactics, opening statements,
direct and cross examination of witnesses, suppression motions, and closing arguments. In all
sessions student-attorneys are divided into prosecution and defense teams. Students unassigned
as counsel in class trial sessions function as witnesses and jurors and may be called on to perform
skill drills. Judges preside over in-class trials and the concluding full-day trial. Cases will be
deemed to take place in the United States District Court for the District of Columbia and will be
tried under the Federal Rules of Criminal Procedure and the Federal Rules of Evidence.
Evidence must be taken as a pre or co-requisite course.

REQUIRED COURSE MATERIALS:

1.     National Institute for Trial Advocacy (NITA) Casefiles:
       State v. Diamond (Rev. 4th Ed.)
       State v. Peyton (2010)
       State v. Sanchez (2007)

2.     Text:
       Trial Techniques, Thomas A. Mauet (2010, Eighth Edition) (Aspen Law)
       Criminal Trial Advocacy Trial Notebooks, Parts I and II (will be provided first day of
       class)

3.     Federal Rules of Evidence:
       Copy provided on MyWCL

ATTENDANCE, PARTICIPATION AND GRADING POLICY:

You are expected to attend every class session, arriving on time, fully prepared for the day’s
exercise including both attorney and witness roles. Students not participating as
attorneys and witnesses are expected to participate as jurors and be prepared to perform skill
drills. You are required to contribute to your firm's preparation for three mock trials. You will
be called on at the end of the semester to evaluate the contribution of your firm members to the
group preparation process. When performing attorney roles, you are expected to dress as you
would if you were appearing in a real courtroom. Of course, you are not expected to purchase a
new wardrobe; however, professional attire will be expected throughout your career.

You are expected to participate in class discussion and critique sessions which occur after the
trial portion of each class. Failure to prepare and fully participate diminishes the value of the
class for all students. Grading will be done collaboratively by your instructors and will take into
account your attendance, participation in all phases of the course, and mastery of basic trial skills
and techniques over the course of the semester.

You are responsible for your assigned roles. In the event of an emergency, it is your obligation to
contact both the lead counsel for your trial team and, with the assistance of lead counsel, to
ensure that another member of your team will substitute for you. To allow your replacement time
to prepare, you are required to provide as much advance notice as possible. Also, you must
notify both of your professors by e-mail.

Your attorney appearances will be recorded and a webcast of the performance will be posted on
the course MyWCL site. It is recommended that you review your performances. Watching
your performances over the course of the semester will assist in the learning process.

METHODOLOGY: The Trial Advocacy Program’s methodology may be described as a
“controlled simulation clinic”. It is based on “learning by doing” and obtaining constructive
feedback and critique from your instructors and classmates. Some of the characteristics of this
approach are as follows: (1) what you do in the classroom is perceived as realistic and relevant;
(2) students will perform in public; (3) students are responsible for their own learning –
responsibility cannot be shifted; (4) students feel safe, however, this should not be equated with
the instructors being “nice to you” – instead, their comments will be directed at your behavior,
not you as a person; (5) the program is supportive – everyone is in the same boat, doing the same
thing – further, you are expected to make mistakes and others will make mistakes as well; (6)
learning occurs in a collaborative setting; and (7) learning is incremental.

PREPARATION: What you gain from this course will be directly related to your preparation.
The late Professor George Horning, a former director of WCL’s Trial Advocacy Program and a
senior litigation partner at Hogan & Hartson, used to tell students that there are three rules for
becoming a successful litigator: rule 1 – preparation; rule 2 – preparation; rule 3 –
preparation. Your preparation should include the following: (1) knowing the case record cold;
(2) completing the reading assignments from Mauet, Trial Technique and Criminal Trial
Advocacy Trial Notebooks, Parts I and II; (3) meeting with your trial teams and team members
out of class to discuss your theory of the case, your trial themes, strategy, tactics, evidentiary
issues and to prepare for your assigned roles; (4) when necessary in order to gain a degree of
mastery of the technical aspects of your case, seeking help from others with more expertise and
reviewing specialized books and periodicals, for example, the multi-volume treatise, American
Jurisprudence, Proof of Facts; and (5) performing legal research on evidentiary issues and
motions, when appropriate. The applicable statutes and jury instructions can be found in your
case files.
                      CRIMINAL TRIAL ADVOCACY – FALL 2010

                                    READING ASSIGNMENTS


Class 1          COURSE INTRODUCTION

                 DISCUSSION - THEORY OF THE CASE, STORYTELLING
                 NARRATIVES, AND OPENING STATEMENTS

                 Aug. 23 (Mon), Aug. 24 (Tues), Aug. 25 (Wed), Aug. 26 (Thurs)

                 Read for class:            Casefile: State v. Diamond - Criminal No. 1-10

                              TRIAL TECHNIQUES,
                              Chapter 2, Psychology of Persuasion, §§ 2.1-2.4 (pp.13-29)
                              Chapter 4, Opening Statements, §§ 4.1-4.4 (pp. 61-85)
                              Chapter 11, Trial Preparation & Strategy, §§ 11.6-11.10
                              (pp. 491-497) and §§ 11.12-11.15 (pp. 500-511)
____________________________________________________________________________

Class 2          DISCUSSION - DIRECT AND CROSS EXAMINATION, EXHIBITS AND
                 OBJECTIONS, PRE-TRIAL MOTIONS

                 DIAMOND CASE FILE BRAINSTORMING SESSION

                 Aug. 30 (Mon), Aug. 31 (Tues), Sept. 1 (Wed), Sept. 2 (Thurs.)

                 Read for class:            Case file: State v. Diamond - Criminal No. 1-10

                                            TRIAL TECHNIQUES,
                                            Chapter 5, Direct Examination, §§ 5.1-5.3 (pp. 97-120) and
                                            §§ 5.6-5.14 (pp. 148-168)
                                            Chapter 6, Exhibits, §§ 6.2-6.3.6 (pp. 170-191) and 6.3.13-
                                            .17 (pp. 206-216)
                                            Chapter 7, Cross-Examination, §§ 7.1-7.7 (pp. 251-303)
                                            Chapter 10, Objections, §§ 10.1-10.7 (pp. 447-481)1

                              TRIAL NOTEBOOK PART 1, Chapter X. Motions (pp.
                              63-91)
____________________________________________________________________________




1
 See pages 6 & 7 of syllabus for a break-down of the different sections in Trial Techniques for Exhibit Foundations,
Refreshing Recollection, and Impeachment.
Class 3    DIAMOND OPENING STATEMENTS

           *Sept. 7 (Tues), Sept. 8 (Wed), Sept. 9 (Thurs), Sept. 13 (Mon)
           *September 6 is a Holiday*

           Case file:        State v. Diamond - Criminal No. 1-10

____________________________________________________________________________


Class 4    DIAMOND WITNESSES - BENBROOK, KELLY AND FOSTER

           Sept. 14 (Tues), Sept. 15 (Wed), Sept. 16 (Thurs), Sept. 20 (Mon)

           Case file:        State v. Diamond - Criminal No. 1-10

           Read for class:          PROSECUTION & DEFENSE

                                    Summaries in Problems Section of case file on examination
                                    of witnesses (p. 5) and use of exhibits (pp. 11-14)

                                    PROSECUTION

                                    Criminal Trial Notebook, Part I, Direct Examinations,
                                    pp. 17-42 and Redirect Examination, pp. 51-54

                                    Criminal Trial Notebook, Part II, Principles of Effective
                                    Direct Examinations, pp. 1- 46

                                    DEFENSE

                                    Criminal Trial Notebook, Part I, Cross Examination, pp.
                                    43-50

                                    Criminal Trial Notebook, Part II, The Only Three Rules of
                                    Cross Examination, pp. 47-78. For reference only: A
                                    checklist of Winning Cross-Examination Concepts and
                                    Techniques, pp. 79-102 and Controlling the Runaway
                                    Witness, pp. 103-137

____________________________________________________________________________

Class 5    DIAMOND WITNESSES - DIAMOND, MADDEN AND MASON

           DISCUSSION - CLOSING ARGUMENTS

           Sept. 21 (Tues), Sept. 22 (Wed), Sept. 23 (Thurs), Sept. 27 (Mon)

           Case file:        State v. Diamond - Criminal No. 1-10
              Read for class:          DEFENSE

                                       Criminal Trial Notebook, Part I, Direct Examinations, pp.
                                       17-42 and Redirect Examination, pp. 51-54

                                       Criminal Trial Notebook, Part II, Principles of Effective
                                       Direct Examinations, pp. 1-46

                                       PROSECUTION

                                       Criminal Trial Notebook, Part I, Cross Examination, pp.
                                       43-50

                                       Criminal Trial Notebook, Part II, The Only Three Rules of
                                       Cross Examination, pp. 47-78. For reference only: A
                                       checklist of Winning Cross-Examination Concepts and
                                       Techniques, pp. 79-102 and Controlling the Runaway
                                       Witness, pp. 103-137

                                       PROSECUTION & DEFENSE

                                       TRIAL TECHNIQUES,
                                       Chapter 9, Closing Arguments, §§ 9.1-9.6 (pp. 387-416)
                                              and (416-445 examples)

                              For reference: Refer to Criminal Trial Notebook I at page 1
                              for a list of videotapes on reserve in the library that discuss
                              and demonstrate closing arguments.
____________________________________________________________________________

Class 6       DIAMOND CLOSING ARGUMENTS

              DISCUSSION - EXPERTS AND PRE-TRIAL MOTIONS REFRESHER

              Sept. 28 (Tues), Sept 29 (Wed), Sept. 30 (Thurs), Oct. 4 (Mon)

              Case files:       State v. Diamond - Criminal No. 1-10

                                Read State v. Peyton - Criminal No. 2-10 and begin preparation for
                                hearing on Motion(s) to Suppress Evidence scheduled for Class 7.

              Read for class:          PROSECUTION & DEFENSE

                                       Chapter 8, Experts, §§ 8.1-8.4 (pp. 313-340) and §§ 8.6-8.7
                                       (pp. 364-386)
                                     Read State v. Peyton and identify constitutional issues to be
                                     raised/defended in suppression motion(s) scheduled for
                                     Class 7.

                                     Administration Of The Exclusionary Rules explaining
                                     suppression motions and hearings located in the Criminal
                                     Trial Notebook I at pages 63-91. This reading should be
                                     completed during this week and next in preparation for
                                     Motion(s) to Suppress Evidence scheduled for Class 7.

                                     For reference: Criminal Trial Notebook, Part I at pages 55-
                                     62 on qualifying and examining expert witnesses.

____________________________________________________________________________

FOR CLASSES 7-12 REVIEW STATE V. PEYTON CASE FILE AND REVIEW
INFORMATION ON TRIAL TECHNIQUES SECTIONS AND TRIAL NOTEBOOKS,
PART I AND II, LISTED AFTER CLASS 12.

Class 7       Motion(s) to Suppress Evidence & Case File Brainstorming Session
              State v. Peyton – Criminal No. 2-10

              Oct. 5 (Tues), Oct. 6 (Wed), Oct. 7 (Thurs), Oct.11 (Mon)

Class 8       Opening Statements
              State v. Peyton – Criminal No. 2-10

              Oct.12 (Tues), Oct. 13 (Wed), Oct.14 (Thurs), Oct 18 (Mon)

Classes 9-12 State v. Peyton – Criminal No. 2-10

              Review: Previously read chapters relevant to your in-class roles. Pay specific
              attention to the following skills areas as they apply to your case. Reread carefully
              the following sections in the TRIAL TECHNIQUES textbook and Trial Notebook
              II materials:

                             Review Principles for Effective Direct Examinations (pages 1-
                             46) and Controlling The Runaway Witness (pages 105-142) in
                             the Trial Notebook, Part II. Refer to Trial Notebook, Part I at
                             page 1 for a list of videotapes on reserve in the library that discuss
                             examination of difficult witnesses.




                                                                                                      6
1.   Exhibit Foundations

     Trial Notebook, Part I regarding Exhibit Foundations and
     Steps for Admissions at pages 19-25

     TRIAL TECHNIQUES
     Chapter 6, Exhibits,
     § 6.2, Foundation for exhibits (pp. 170-177)
     § 6.3, Foundations for exhibits (pp. 177-180)
     § 6.3.1, Tangible objections (pp. 180-181)
     § 6.3.2, Tangible objects - chain of custody (pp. 181-185)
     § 6.3.3, Photographs, motion pictures, and videotapes (pp.
     185-186)
     § 6.3.4, Diagrams, models, and maps (pp. 187-189)
     § 6.3.9, Computer-generated graphics and animations (pp.
     196-197)
     § 6.3.13, Business Records (pp. 206-211)

2.   Present Recollection Refreshed (refreshing witness
     recollection) and Past Recollection Recorded

     Trial Notebook, Part I regarding Present Recollection
     Refreshed and Past Recollection Recorded at pages 29-35

     TRIAL TECHNIQUES
     Chapter 5, Direct Examination, § 5.6, Refreshing a witness'
     recollection (pp. 148-150)
     Chapter 6, Exhibits, § 6.3.15, Recorded Recollection (pp.
     212-214)

3.   Impeachment on Cross-Examination Using Prior
     Inconsistent Statements

     Trial Notebook, Part I regarding Impeachment by Prior
     Inconsistent Statement at pages 43-47

     TRIAL TECHNIQUES
     Chapter 7, Cross-Examination, § 7.7.5, Prior inconsistent
     statements (pp. 285-297)




                                                                  7
                          4.     Impeachment on Cross-Examination Based on Bias,
                                 Interest, Motive, Prior Convictions, Bad Character for
                                 Truthfulness, and Prior Bad Acts

                                 TRIAL TECHNIQUES,
                                 Chapter 7, Cross-Examination,
                                 § 7.7.2, Bias, interest, and motive (pp. 279-282)
                                 § 7.7.3, Prior convictions (pp. 282-284)
                                 § 7.7.4, Prior bad acts (pp. 284-285)
                                 § 7.7.7, Bad character for truthfulness (p. 298)

____________________________________________________________________________

Class 13     To Be Scheduled by Professor

             Case file:   State v. Sanchez - Criminal No. 3-10

____________________________________________________________________________

Classes 14 & 15     -     November 20, 2010 - Saturday (8:45 A.M.)
                          COURTHOUSE - (All Classes)
                          Trials - State v. Sanchez - Criminal No. 3-10
                          Montgomery County Circuit Court
                          Judicial Center, Rockville, Maryland

____________________________________________________________________________



November 30, 2010                       CONFERENCE (mandatory)
                                        Room 603
_________________________________________________________________




                                                                                          8
                 CRIMINAL TRIAL ADVOCACY – FALL 2010
                                  SECTIONS AND FACULTY

Monday        7:30 – 10:10 P.M.            (Judge Irma Raker and Bruce A. Fredrickson, Esq.)

Tuesday       4:30 – 7:10 P.M.             (Judge Michael Mason and Barry Helfand, Esq.)

Tuesday       7:30 – 10:10 P.M.            (Judge Nelson Rupp and Paul Stein, Esq.)

Wednesday     9:30 A.M. – 12:10 P.M.       (Judge William Cave and James Lay, Esq.)

Wednesday      4:30 – 7:10 P.M.            (Judge Eugene Hamilton and Prof. David Aaronson)

Wednesday      7:30 – 10:10 P.M.           (Judge Patrick Woodward and Judge Michael
                                           Algeo)

Thursday       4:30 – 7:10 P.M.            (Judge DeLawrence Beard and Douglas Gansler,
                                           Esq.)


                             CRIMINAL TRIAL CALENDAR

Class 1 -      Aug. 23 (Mon), Aug. 24 (Tues), Aug. 25 (Wed), Aug. 26 (Thurs)

       Introduction, Theory of the Case, Narratives, and Opening Statements Lecture

Class 2 -     Aug. 30 (Mon), Aug. 31 (Tues), Sept. 1 (Wed), Sept. 2 (Thurs.)

    Direct and Cross Examination, Exhibits, Objections, and Pre-Trial Motions Lecture

Class 3 -     *Sept. 7 (Tues), Sept. 8 (Wed), Sept. 9 (Thurs), Sept. 13 (Mon)
              *September 6 is a Holiday*

                       Trial - State v. Diamond - Criminal No. 1-10
                                     Opening Statements

Class 4 -     Sept. 14 (Tues), Sept. 15 (Wed), Sept. 16 (Thurs), Sept. 20 (Mon)

                        Trial - State v. Diamond - Criminal No. 1-10
                                       Prosecution Case




                                                                                               9
Class 5 -   Sept. 21 (Tues), Sept. 22 (Wed), Sept. 23 (Thurs), Sept. 27 (Mon)

                      Trial - State v. Diamond - Criminal No. 1-10
                       Defense Case/Closing Arguments Lecture

Class 6 -   Sept. 28 (Tues), Sept 29 (Wed), Sept. 30 (Thurs), Oct. 4 (Mon)

                      Trial - State v. Diamond - Criminal No. 1-10
                        Closing Arguments/Experts Lecture

Class 7 -   Oct. 5 (Tues), Oct. 6 (Wed), Oct. 7 (Thurs), Oct.11 (Mon)

                     Trial - State v. Peyton – Criminal No. 2-10
              Hearings on Motions to Suppress Evidence/Brainstorming

Class 8 -   Oct.12 (Tues), Oct. 13 (Wed), Oct.14 (Thurs), Oct 18 (Mon)

                       Trial - State v. Peyton – Criminal No. 2-10
                                  Opening Statements

Class 9 -   Oct 19 (Tues), Oct. 20 (Wed), Oct. 21 (Thurs), Oct. 25 (Mon)

                       Trial - State v. Peyton – Criminal No. 2-10
                                  Prosecution Case

Class 10-   Oct. 26 (Tues), Oct. 27 (Wed), Oct. 28 (Thurs), Nov. 1 (Mon)

                       Trial - State v. Peyton – Criminal No. 2-10
                          End Prosecution/Begin Defense Case

Class 11-   Nov. 2 (Tues), Nov. 3 (Wed), Nov. 4 (Thurs), Nov. 8 (Mon)

                       Trial - State v. Peyton – Criminal No. 2-10
                                       Defense Case

Class 12-   Nov. 9 (Tues), Nov. 10 (Wed), Nov. 11 (Thurs), Nov. 15 (Mon)

                       Trial - State v. Peyton – Criminal No. 2-10
                                   Closing Arguments




                                                                                10
Class 13-     Pretrial Conferences/Brainstorming Case

Classes 14 & 15-     November 20, 2010 - Saturday (8:45 A.M.)
                     State v. Sanchez - Criminal No. 3-10
                     Montgomery County Circuit Court
                     Judicial Center
                     Rockville, Maryland

November 30          Conference (Mandatory)
                     Room 603




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