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Jury Duty

VIEWS: 4 PAGES: 16

									Jury Duty
District Court Project
Groups Involved: All District Courts  All Political Action
Committees  All Precinct Committees  All Candidates
Awaiting Appointment (not Primary Election winners)

Contents:
Project Overview .................................................................. 2
Project Details ...................................................................... 3
Closing Statement & Sentence Form ................................... 6
Jury Questionnaire ............................................................... 8
Voir Dire Form .................................................................... 10
Mock Trial Script ................................................................ 11
Discussion Guide ............................................................... 15
Checklist............................................................................. 16
District Court Project



Project Overview
Summary
It is the responsibility of citizens in a democracy to participate in the jury process. In this trial,
the District Court Judges will play the roles of the prosecuting attorney, the defense attorney,
and the trial judge. Political Action Committee members, Precinct Committeemen that are not
running for office and are not serving on the Debate Committee, and Candidates who did not
make it through the primary and are awaiting appointments, will step outside of their political
roles and act as jurors in this trial. The jurors will need to report to the same floor in the
opposite building for jury duty. The trial will take place in the lobby on the county floor. By
taking part in this mock trial, all participants will have a greater understanding of how the trial
process works.

Requirements
District Court Judges
Prepare for Mock Trial
    Decide who will be the prosecuting attorney, the defense attorney, and the judge.
    Review the mock trial script. You will need 4 copies (one for the witness stand).
    Prepare closing statements in advance.
    Setup the court room.
Mock Trial
    Review questionnaires and ask clarifying questions to select a fair and impartial jury.
    Complete the Voir Dire form.
    Determine the sentence of the accused if they are found guilty.
    Following the trial, lead the participants in a discussion about the jury process.
Jurors
Jury Selection Process
    Report to the same floor in the opposite building for jury duty.
    Fill out the jury questionnaire form.
    Keep your questionnaire until asked for it.
Mock Trial
    Potential jurors that are stricken from the jury will be asked to role play witnesses.
    Jurors will listen to the testimony presented in the trial.
    Jurors will deliberate and return a verdict in the trial.
    Participate in discussion following the trial.


Q&A
Please read the attached information, which contains the answers to frequently asked
questions regarding this project. Consult the Boys State Handbook for additional information.
Ask a counselor if you need assistance with the attached information.


Deadlines
All written material and documentation must be placed in the appropriate section of the district
court notebook. It is your responsibility to consult your schedule and ask your counselor when
this project is due. Late projects will not count toward points for your county.
2
                                                                                             Jury Duty



Project Details
Background
The concept of a modern jury trial stems back at least to Magna Carta, which gave English
nobles and freemen the right to be tried by a panel of their peers, rather than by summary
judgment of the king or other official who often had the utter power to impose his own arbitrary
judgment. On the other hand, some criminal defendants today may prefer a bench trial if they
believe that a jury would be overly influenced by emotional testimony. The concept can also be
traced to Normandy before 1066, when a jury of nobles was established to decide land
disputes. In this manner, the Duke, being the largest land owner, could not act as a judge in
his own case. Many ancient cultures had similar concepts, notably ancient Judea whose panel
of judges called the Sanhedrin served a similar purpose. The Athenians by 500 BCE had also
invented the jury court, with votes by secret ballot. These courts were eventually granted the
power to annul unconstitutional laws, thus introducing judicial review.

In most criminal justice systems and some civil cases which need a jury, panels are initially
allotted at random from the adult population of the district served by the court concerned. A
person who is serving on a jury is known as a juror, and the head juror is called the foreman.
The foreman is often chosen before the trial begins. The role of the foreman is to ask
questions on behalf of the jury, facilitate jury discussions, and read the verdict of the jury.
The number of jurors must be a specified size, usually twelve, though there are fifteen in
Scottish juries and in some legal systems smaller cases may require only six. Since there is
always the possibility of jurors not completing the trial for health or other reasons, often some
alternate jurors are nominated, who will also follow the trial (but do not take part in deciding
the verdict), as a precaution in case a new juror is needed part way through the trial (most
often used when the trial will be lengthy or high-profile).

Serving on a jury is normally compulsory if a citizen is chosen (exceptions and exclusions vary
between jurisdictions and are discussed below). Since a jury is intended to be an impartial
panel capable of reaching a verdict, there are often procedures and requirements, for
instance, fluent understanding of the language, or the ability to test jurors or otherwise exclude
jurors who might be perceived as less than neutral or more partial to hear one side or the
other.
The jurors hear the cases presented by both the defense and prosecution, and in some
jurisdictions a summing-up from the judge. They then retire as a group to consider a verdict.
The majority required for a verdict varies. In some countries their decision making process is
private and may not be disclosed, in others it may be discussed but only after the trial has
ended.

In common law countries such as England and the United States, the role of the jury is often
described as the finder of fact, while the Judge is seen as having the sole responsibility of
interpreting the appropriate law and instructing the jury accordingly. The jury will render, or try
to render, a verdict on the defendant's guilt. Additionally, it may be charged with determining
the truth or falsehood of additional allegations, such as great bodily injury in an assault case.
However, occasionally, a jury may find the defendant "not guilty" even though the facts show
he violated the law if the jury thinks that the law is invalid or unjust. This is commonly referred
to as jury nullification. When there is no jury ("bench trial"), the Judge makes factual rulings in
                                                                                                      3
District Court Project
addition to legal ones. In most continental European jurisdictions, the Judges have more
power in a trial and the role and powers of a jury are often restricted. Actual jury law and trial
procedures differ between countries.

A common method for drafting jurors is to draw them at random from electoral rolls. The most
common exclusions are for people whose job in some way precludes them (for instance,
teachers, doctors, firefighters, politicians, people who themselves work in the criminal justice
system, including the Police), are caring for young children, have an interest in the case, are
under the age of 18 years, or who have health problems or serious criminal records. People
can also be exempted on religious or ideological grounds, such as Jehovah's Witnesses
whose religious beliefs preclude them from swearing oaths and serving on juries. In some
jurisdictions in the United States, prior legal education or being a lawyer may also be a reason
to be exempted, under the theory that a legal professional may be overly influential to other
jurors. However, in recent years, many jurisdictions have eliminated these exemptions.
In the United States, potential jurors form the jury in waiting or jury pool (sometimes referred
as the venire). Jurors are picked by a selection process. If the jury in waiting is exhausted
without the jury being completed, the clerk of the court is required to ask the jury assembly
area to send more jurors.

Selected jurors are generally subjected to a system of examination whereby both the
prosecution (or plaintiff, in a civil case) and defense can object to a juror. In common law
countries, this is known as voir dire. The method and scope of the possible rejections varies
between countries:

In England these objections would have to be very well based, such as the defendant knowing
a potential juror, to be allowed. Some jurisdictions, including Australia, Canada, France, New
Zealand, Northern Ireland, the Republic of Ireland, and the United States, give both the
defense and prosecution a specific number of unconditional peremptory challenges. No
justifications have to be brought to exclude a specific juror. Generally, defense attorneys
exclude jurors who have professions or backgrounds similar to that of the victim and who
could thus feel an emotional link to them, while prosecuting attorneys exclude jurors who might
show affinity to the defendant. However, in the United States, if the prosecution excludes a
minority -group member and the defense challenges, under Batson rules the prosecution must
provide a race-neutral reason for the exclusion (later extended by court rulings to gender-
neutral reasons as well).

Some systems allow argument over whether a juror's particular background or beliefs make
them biased and therefore unsuitable for service on the jury. In the United States, and
probably other nations, it is known that some citizens deliberately exploit this to get out of jury
duty (for example, by mentioning knowledge of legal concepts). This is parodied in a number
of American TV shows:
    o In The Simpsons, when Bart asks how Homer got out of jury duty, Homer answers, "the
        trick is to say you're prejudiced against all races."
    o In Family Guy, Peter Griffin gets out of jury duty by making the comment, "awful lot of
        honkeys in here."
    o In Curb Your Enthusiasm, a juror interviewer asks Larry if he had a reason to be partial
        to the case at hand. Larry responded with "I don't think I could be impartial seeing as
        how the defendant's a Negro."
In a civil case, the judge will typically ask prospective jurors whether there is any reason they
might not be impartial.
4
                                                                                             Jury Duty


Requirements
In order to successfully complete this project, the district court judges will need to complete the
proper forms and include them in the District Court notebook. Depending on his role, each
person will have specific requirements to complete in order to receive points for your county.

The first task of the District Court Judges is to prepare for the mock trial. Decide who will play
the role of the prosecuting attorney, the defense attorney, and the presiding judge. Once you
have decided upon your roles, read through the mock trial script. Make sure you have 4
copies (one for the witness stand). The attorneys will need to analyze the testimony that will
be presented by each of the witnesses and craft their closing statements in advance using the
corresponding form. The presiding judge should determine the sentence of the accused, if
found guilty by the jury, in advance using the corresponding form. Obviously, this is not the
way it is done in the real world. You’ll also notice in the script there is no opportunity to
question or cross-exam the witnesses. All of these modifications are done in the interests of
time. Your last task is to setup the court room. You may use the furniture in the county lobby
to setup a realistic court room that includes a place for the presiding judge to sit, a place for
witnesses to speak from, chairs for the jurors (about 12), and a place for the attorneys to sit.
The remaining chairs will form the gallery for other people to sit.

The next task of the District Court judges is to complete in the jury selection process.
Attorneys should review the jury questionnaire form prior to the selection process so that they
have an idea of which questions they will focus on and potential reasons to strike jurors.
When potential jurors arrive, present them with a copy of the jury questionnaire form. Each
potential juror is to fill the form out completely. As they complete the form, have them take a
chair in the jury section of the courtroom. When the chairs have been filled, the attorneys
should begin the voir dire process of reviewing their questionnaires, asking clarifying
questions, and making motions to strike jurors based on their responses. Each side will take
turns challenging potential jurors; each has a maximum of five challenges. The presiding
judge will complete the voir dire form during the process so that there is an accurate record of
the reasons for striking potential jurors. The goal of the voir dire process is to create as fair
and impartial a jury as possible. When the jury is in place, gather everyone’s questionnaire
and include these in the district court notebook with the project.

The mock trail is the next step in the project. Any potential jurors that did not make it into the
jury will be asked to role play the parts of the witnesses. There are five witnesses for the
prosecution and six witnesses for the defense. The presiding judge will have assigned these
people to a part using the Voir Dire Form. The attorneys will meet briefly with their witnesses
apart from the jury in order for them to have an opportunity to quickly read through their part
before the trial begins. It is the job of the attorneys to coach their witnesses. The success of
each side’s case depends upon the testimony of the witnesses. They need to look and sound
as believable as possible. Following this brief meeting, the witnesses should find a seat in the
gallery and the attorneys should take positions. When everyone is in place, the trial should
proceed. Attorneys and judges may modify their lines in the trial script, but the testimony of
the witnesses must be read word for word. At the conclusion of the trial, following the reading
of the verdict, it will be the duty of the presiding judge to sentence the accused if found guilty.
Read the sentencing form and include this with the project in the district court notebook.
Following the trial, use the discussion guide to participate in a discussion about the jury
process. Do not review the questions in the discussion guide prior to the verdict.
                                                                                                    5
District Court Project



Closing Statement & Sentence
Check one box:

      Prosecution
      Defense
      Presiding Judge
Attorney Instructions
After reading through the mock trial script and analyzing the testimony present by each of the
witnesses, the attorneys for each side are to prepare their closing statements in advance. A
closing statement is the last opportunity for the attorneys to address the jury and reiterate the
important arguments in the case. A closing statement occurs after the presentation of
evidence. A closing argument may not contain any new information and may only use
evidence introduced during the trial. In addition, counsel may not vouch for the credibility of
witnesses, indicate their personal opinions of the case, comment on the absence of evidence
that they themselves have caused to be excluded, or attempt to exhort the jury to irrational,
emotional behavior. One of the most important restrictions on prosecutors, however, is
against burden-shifting or implying that the defense must put on evidence or somehow prove
the innocence of the defendant.

Presiding Judge Instructions
After reading through the mock trial script and determining the offense that the defendant is
accused of having committed, the judge must determine the sentence for the defendant, if
found guilty, in advance. Sentencing is the principal act connected to a judge’s role. The
sentence generally involves a decree of imprisonment, a fine and/or other punishments
against a defendant convicted of a crime. The maximum penalty for murder is usually life
imprisonment, and in jurisdictions with capital punishment, the death penalty may be imposed.
Murder is the unlawful killing of a human being with “malice aforethought.” The element of
malice aforethought can be satisfied by an intentional killing, which is considered express
malice. Malice can also be implied; deaths that occur by extreme recklessness or during
certain serious crimes are considered to be express malice murders. Unlawful killings without
malice are considered manslaughter. Rarely, depending on circumstances, murder charges
are mitigated and reduced to manslaughter charges.




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                                                            Jury Duty




_________________________________________   _____________________
Signature                                   Date
                                                                   7
District Court Project



Jury Questionnaire
Instructions
The information that you give in response to this questionnaire will be used only by the Court and the attorneys to select
a qualified and impartial jury. Please print your answer to each question below as completely and as accurately as you
reasonably can. Some questions should be answered using your fictitious identity at Boys State; others should be
answered using your real-life identity and background. If the question does not apply to you, write “N/A” for not
applicable. You are expected to sign your questionnaire, and your answers will be given the same effect as a
statement given to the Court.

                                                          I. Part One

1. Name: ________________________________________________________________________________________

2. City and County of Residence: _____________________________________________________________________

3. What is your race? _____ Blue        _____ Red

4. Current (or most recent) employment status (check all that apply):
     Self-employed
     Work full-time
     Work part-time
     Unemployed/laid off
     Other:

5. Where do you work now?

6. Describe your current job and what you do:

7. List any other special training or skills that you have:

8. Do you have young children or younger siblings? (check all that apply)
     No
     Sons
     Daughters
     Younger brothers
     Younger sisters

9 What are your favorite leisure time interests, hobbies or activities? (check all that apply)
    Playing sports
    Fishing/Hunting
    Playing cards
    Meeting up with friends at your favorite hangout
    Playing videogames
    Spending time with family
    Spending time with pets/animals
    Surfing the Internet
    Going to parties
    Watching television or movies
    Reading

10. Are you a member of any group which encourages strict enforcement of criminal laws or modification of our present
    laws such as Students Against Drunk Driving (SADD)?
    _____ Yes _____ No

11. Do you have a bumper sticker or a personalized license plate on your car?
    _____ No _____ Yes – If yes, what does it say?




8
                                                                                                                   Jury Duty
                                                        II. Part Two

12. Have you ever been involved in a lawsuit?     _____Yes       _____No

13. Have you served as a juror in the past?     _____Yes     _____No

14. Have you or an immediate family member ever worked in a law office?        _____Yes      _____No

                                                       III. Part Three

15. Have you ever worked for a business where an employee has stolen money or property from the business?
    _____ Yes _____ No

16. Have you ever accused someone of dishonest practices or activities?        _____Yes      _____No

17. Do you believe that minorities are treated differently by police and law enforcement agencies?
    _____ No _____ Yes – If yes, please explain:

18. Have you ever testified as a witness in any official court proceeding?    _____ Yes     _____No

                                                       IV. Part Four

19. How often do you read newspaper editorials or opinion pages?
     Daily
     Weekly
     Monthly
     I don’t follow the news

20. What types of books do you enjoy reading?

21. What television and cable shows do you enjoy?

22. How do you consider yourself to be politically?
     Extremely Liberal
     Liberal
     Moderate
     Conservative
     Extremely Conservative
     None of the above
                                                       V: Part Five

23. Do you have such strong feelings regarding the use or sale of illegal drugs that you could not be fair and impartial in
    a case involving alleged use or sale of illegal drugs?
    _____ I can be fair _____ I cannot be fair

24. Do you have such strong feelings about alcohol or drug abuse that you could not fairly weigh the evidence in a case
    involved the alleged use or abuse of alcohol or drugs?
    _____ I can be fair _____ I cannot be fair

25. Jurors are often required to decide which witnesses to believe and which not to believe. In deciding believability,
    jurors may consider how the witnesses presented themselves, certain factors in the witness’s background, and
    many other factors. However, you may not judge believability of a witness simply based on that person’s
    occupation or position in life.

    Understanding these rules, would you be able to judge the believability of law enforcement officers and government
    witness by the same standard as any other witness?
    _____ Yes, I can _____ No, I cannot

JUROR’S OATH
I declare that under penalty of perjury that the information which I have provided in this Jury Questionnaire is true and
accurate.
____________________                                   ______________________________________________________
Date                                                  Juror Signature
                                                                                                                            9
District Court Project



Voir Dire Form
Instructions
The presiding judge is to complete this form during the jury selection process. Beginning with
the Defense, when an attorney makes a motion to strike a potential juror from the jury, they
must give a reason. Write down the reason, take the juror’s questionnaire, and fill in the
individual’s name. Then, assign that person to play the part of a witness by filling their name
in next to one of the witnesses. Toward the end of the process, attorneys may pass if they
have no further challenges, or if there are no more jurors left in the jury pool. When the jury
selection process is complete, write the names of the members of the jury on the
corresponding section of this form. 11 people are needed to play the parts of witnesses – the
size of the jury may change depending on the number of potential jurors left.

Challenged by            Name or “PASS”       Reason or “PASS”
Defense
Prosecution
Defense
Prosecution
Defense
Prosecution
Defense
Prosecution
Defense
Prosecution

Witnesses                  Person Assigned to this Part
Neal Haskell
Damon Van Dam
Denise Kemal
Brenda Van Dam
Ryan Tyrol
Brian Blackbourne
Patricia LePage
Karen LeAlcala
Marcus Lawson
Annette Peer
Janet Roehrs

Members of the Jury – 12 maximum
1.                                                 7.
2.                                                 8.
3.                                                 9.
4.                                                 10.
5.                                                 11.
6.                                                 12.


10
                                                                                           Jury Duty



Mock Trial Script
The Murder of Danielle Van Dam

Readers: (in order of appearance)
  Court Deputy – may be played by a counselor
  Judge
  Prosecuting Attorney
  Defense Attorney
  Witnesses of the Prosecution
      Damon Van Dam – father of the victim
      Brenda Van Dam – mother of the victim
      Brian Blackbourne – medical examiner
      Karen LeAlcala – crime scene technician
      Annette Peer – DNA analyst
  Witnesses of the Defense
      Neal Haskell – entomologist
      Denise Kemal – friend
      Ryan Tyrol – witness
      Patricia LePage – witness
      Marcus Lawson – computer technician
      Janet Roehrs – neighbor

Court Deputy: All rise. The __________ County District Court is now in session. The
Honorable __________ presiding.

Judge: Please be seated. Is the Prosecution ready to proceed with the opening argument?

Prosecutor: Yes, Your Honor. Ladies and gentlemen of the jury, the Government intends to
prove that the defendant, David Westerfield, is a pedophile who snatched Danielle Van Dam
from her canopy bed on the night of February 2nd, raped and suffocated her, and then dumped
her body along a rural road. At the conclusion of the trial, I will ask you to return a verdict of
“Guilty” as charged. Thank you.

Judge: Does the Defense wish to make an opening statement at this time?

Defense: Thank you, Your Honor. The Defense does with to make an opening statement.
Ladies and Gentlemen of the jury, what the prosecution is attempting to do here today is
nothing less than shameful. The prosecution says that my client is guilty of committing
abduction, rape, and murder. The evidence will prove that my client is innocent. He did not
commit any of these charges. At the conclusion of this trial, I will ask you to return the jury
verdict of “Not Guilty.” Thank you.

Judge: The Prosecution may call its first witness.

Prosecutor: Your Honor, the Prosecution calls Damon Van Dam to the stand.


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District Court Project
Damon Van Dam: Well, it was Friday night. Brenda, my wife, went out with her two friends to
a bar while I baby-sitted the kids, Danielle, Dylen, and Derek. Before the ladies left we
smoked pot. It wasn’t much, but I shouldn’t have done it. Well, after the ladies left, the boys
and I just played video games and ate pizza all night. I drank about three beers. Danielle
wrote in her journal and watched us play. At about 10:00 PM I put the kids in their beds and
kissed them good night. I left each of their doors open a crack. A little while later, I went to
bed too. Just before two, my wife and her two friends came home with two guys. After about
twenty minutes, the guests left. Brenda came to bed after they left, and just before that she
put our dog in our eldest son’s room. We didn’t check on the children. Something woke me
up at 3:00 AM. The alarm panel said that there was an open door or window somewhere. I
decided on that conclusion quickly and mistakenly. It didn’t cross my mind that someone had
entered the house. The next morning, Brenda found Danielle’s bed empty. When the police
came, they questioned us. At first I lied about the marijuana and alcohol. I didn’t think it
mattered and I didn’t want to get in trouble. But after they told me that every detail was
crucial, I told them that the ladies and I did smoke pot before they went out and that I had a
few beers after they left.

Judge: Mr. Van Dam, you may step down. The Prosecution may call its next witness.

Prosecution: Thank you, Your Honor. The Prosecution wishes to call Brenda Van Dam to
the witness stand.

Brenda Van Dam: Your Honor, I just want to say that our family is familiar with Mr.
Westerfield because he lives in the neighborhood a few doors down. I’ve met him several
times. A few of my girlfriends and I went to a Dad’s Café bar in late January and I met him
there. He told me that he was twice divorced with two kids in college. A few days after I saw
him there, Danielle and I sold Girl Scout Cookies. The last time I saw him was that night when
Danielle disappeared. My friends and I saw him at the bar. He said, “Ladies don’t buy their
own drinks,” and threw some money on the bar. My friends and I kind of ignored him. I felt
guilty, so I said, “I’m sorry. I hope we’re not being rude, but I came here to be with my friends.”
I was not sure if he was still at the bar when we left close to 2:00 AM. I discovered a door in
the garage open when I returned home. I closed it and after entertaining my friends from the
bar, went to bed without checking on my children. The next morning I went into Danielle’s
room to wake her up. She usually gets up early while I’m making breakfast, but she didn’t that
morning. When I went into her room, she wasn’t in the bed. I started looking around the
house and looking in the beds and in the closet. But we couldn’t find her. That’s when I called
the police. I said, “My daughter is not in her bed this morning. She’s only seven. I don’t know
where she could be.” The operator was calm and sweet. She told me to think positive
thoughts and everything would be okay. When the police came, I told them everything I knew,
including what happened the night before. I would have told them anything they asked to get
Danielle back. The investigators found Danielle’s blood, fingerprints, and hair on Westerfield’s
property.

Prosecution: The Prosecution wishes to call medical examiner Brian Blackbourne, the
medical examiner, to the stand.

Blackbourne: When I examined the girl’s body, I could not determine how she was killed or if
she was sexually assaulted. From the amount of decomposition, Danielle seemed to have
been dead anywhere from ten days to six weeks.

12
                                                                                          Jury Duty
Prosecution: Thank you, Dr. Blackbourne. For our next witness, we would like to call Karen
LeAlcala:

Karen LeAlcala: Ladies and gentlemen of the jury, I am the crime scene technician. At the
scene, I found fingerprints and hair in David Westerfield’s recreational vehicle the week after
his seven-year-old neighbor, Danielle Van Dam disappeared. After some examination, it
seemed evident that Mr. Westerfield cleaned his home and vehicles with bleach after
abducting Danielle. I also examined computer discs police found hidden in the book cases of
Westerfield’s home offices and which contain child pornography.

Prosecutor: Thank you. The Prosecution wishes to call DNA analyst, Annette Peer to the
stand.

Annette Peer: Your Honor, I examined the blood stains found on the carpet of Westerfield’s
motor home and jacket. They both matched the genetic profile of Danielle Van Dam. There is
only one is 670 quadrillion chance the blood on the jacket cam from someone else and 130
quadrillion chance that the carpet stain was not Danielle’s.

Prosecution: Thank you, Ms. Peer. Your Honor, we have no further witnesses.

Judge: Does the Defense wish to call a witness to the stand?

Defense: Yes, Your Honor. We would like to call Neal Haskell to the stand.

Neal Haskell: Your Honor, I have evidence that shows that David Westerfield could not have
dumped the body in the time frame the prosecution gives. I am an entomologist qualified to
study the age of flies and maggots on a body to determine the time and sometimes the cause
of death. All the bugs that I have studied show that the body had to be dumped sometime
between February 12th and February 25th. This means that David Westerfield was under
police surveillance at that period of time and could not have dumped the body along the
roadside.

Defense: Your Honor, the Defense now calls its next witness, Denise Kemal.

Denise Kemal: Your Honor, I am here to testify that on the night of February 1 st, the last night
Danielle was seen alive, I was smoking marijuana in the Van Dam’s garage with Mrs. Van
Dam, and after that we left to go to a local bar and restaurant.

Defense: Your Honor, the Defense calls its next witness, Ryan Tyrol.

Ryan Tyrol: Your Honor, I am here to testify to the nature of the mother the night the
daughter disappeared. I was at the bar with a friend when we saw Mrs. Van Dam approach
us. It’s not everyday you get an invitation like the one we got, so I took it seriously. She
walked up to us and invited us back to her house for sex.

Defense: Your Honor, the Defense calls its next witness, Patricia LePage.

Patricia LePage: Your Honor, I am here to testify about Mrs. Van Dam’s contact with Mr.
Westerfield the night of the abduction. Mrs. Van Dam was rubbing her pelvis and chest
against Mr. Westerfield while they danced. If I had to describe it, I would say that they danced
                                                                                               13
District Court Project
like the people danced in “Dirty Dancing.” Mrs. Van Dam was definitely all over the place, and
all of her actions were rather frisky.

Defense: Your Honor, the Defense calls its next witness, Marcus Lawson.

Marcus Lawson: Your Honor, the child pornography might belong to the son of David
Westerfield, Neal. The screen name used to view these sites is DNWest. Westerfield’s son’s
full name is David Neal Westerfield. Coincidence? Other child pornography has also been
found on his son’s computer in his college dorm room.

Defense: Your Honor, the Defense calls its next witness, Janet Roehrs.

Janet Roehrs: Your Honor, I am here to testify about the nature of David’s departure and to
clear up any vague points on the trip. The trip was absolutely normal. I have seen him pull up
and pack that RV, then leave the same day. Also, David might not have packed the sand
buggies if his adult son was not present with him. I have known David for a long time. We
even have a standing invitation to use his home pool. He is a nice man and I can’t possibly
see him committing this crime.

Defense: Thank you, Your Honor. This concludes our defense.

Judge: Now for the closing arguments. Prosecution?

Prosecution: [Read the closing statement you have written.]

Judge: Defense?

Defense: [Read the closing statement you have written.]

Judge: Members of the jury. You are about to leave this courtroom and enter the jury room.
Your first task will be to select a foreman who will lead the deliberation process and read the
final verdict to me. While in the jury room, you will discuss the testimony that you have just
heard and determine if the defendant is guilty or not guilty. When a unanimous verdict has
been reached, you will return to the court room.

[The jury deliberates in the jury room. When they have reached a unanimous verdict, they
return to the courtroom.]

Judge: Have you reached a verdict?

Jury Foreman: Yes, Your Honor. We the jury, find the defendant, David Westerfield, _________.

      If “Guilty” Judge: [Read the sentence you have prescribed in advance for the
       defendant.]

      If “Not Guilty” Judge: Thank you. Court is dismissed.




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                                                                                               Jury Duty



Discussion Guide
Do not review these questions until it is time to lead the discussion.
If time at the end of the Jury Duty Project, the district court judges will involve the participants
in a discussion about the process. These are some ideas for questions.
Jury Questionnaire
   How did it feel to be a potential juror filling out the questionnaire?
   What is the purpose of some of the questions?
Voir Dire
   What was it like to be an attorney during the voir dire process?
   What did it feel like to be a potential juror during the voir dire process?
   Is the purpose to select a jury that will help your side win or to select a jury that will uncover
       the truth?
Trial
    Depending on your role in during the mock trial, share your thoughts:
        Jurors
        Witnesses
        Judge
        Attorneys
        Audience Members
    Did any of the witnesses say anything that really caught your attention?
Deliberations
   If you were a juror, how did the process work?
   How did you reach a verdict? What things did you consider?
   How can you explain the fact that given the exact same testimony, other juries at Boys
       State reached the opposite verdict?
Sentencing
  If the defendant was found guilty, how did it feel to deliver the sentence?
  If the defendant was found not guilty, what punishment would you have assigned the
       defendant if he had been found guilty?
  How do you feel about capital punishment? Are there limits?
The Defendant
   Why do you think that the project did not have a person play the role of the defendant?
   The defendant did not testify. How did this affect your thoughts regarding his innocence?
   Even though there was no actual person to play the part of the defendant, what
   were your initial feelings about him?
         Answer: Your initial thought about the defendant should be that of
         innocence. “Innocent until proven guilty.” It is the responsibility of the
         prosecution to PROVE that the defendant is guilty. It is not the
         responsibility of the defendant to PROVE that he is innocent.

Final Thoughts
   Have your thoughts about jury duty changed after participating in this process?
   Have there been any high-profile cases in the news recently? In your area?
   Discuss any other famous or relevant cases.

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District Court Project



Checklist
for the ____________ District Court
Section I – Preparation for Mock Trial
Closing Statement & Sentence Form
      Prosecuting Attorney completed closing statement and included with project ....... ____
      Defense Attorney completed closing statement and included with project ............. ____
      Presiding Judge completed sentence form and included with project .................... ____

Section II – Mock Trial
Jury Selection Process
      Voir Dire Form completed and included with project .............................................. ____
      All Jury Questionnaires collected and included with project ................................... ____

Section III – Discussion Guide
          Jury Questionnaire .................................................................................................             ____
          Voir Dire .................................................................................................................      ____
          Trial ........................................................................................................................   ____
          Deliberations ..........................................................................................................         ____
          Sentencing .............................................................................................................         ____
          The Defendant........................................................................................................            ____
          Final Thoughts ........................................................................................................          ____




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