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2006-2007 Minnesota State Bar Association High School Mock Trial

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2006-2007 Minnesota State Bar Association High School Mock Trial Powered By Docstoc
					          2006-2007
Minnesota State Bar Association
High School Mock Trial Program

          State of Rigor
                v.
   Jess Dubois and Pat Dowling
      CRIMINAL PROCEDURE
   Complaint/Indictment
   First Appearance
   Omnibus Hearing
   Contested Omnibus Hearing
   Pretrial/Settlement Conference
   Trial
     THE COMPLAINT
 Count I: Vandalism of a Cemetery
  • Class 3 Felony

 Count II: Vandalism of a Cemetery
  • Class 4 Felony

 Count III: Criminal Defacement of Property
  • Class 4 Felony

 Count IV: Criminal Trespass to a Cemetery
  • Class A Misdemeanor
                       Count I
      Vandalism of a Cemetery, Class 3 Felony
           is committed when an individual:

(1) without legal justification willfully and
   knowingly defaces, vandalizes and/or injures
   gravestones and other memorials, monuments
   and markers inside a cemetery; AND

(2) the estimated number of markers damaged is
   at least 5 and no more than 10
                      Count II
      Vandalism of a Cemetery, Class 4 Felony
           is committed when an individual:

(1) without legal justification willfully and
   knowingly defaces, vandalizes and/or injures
   gravestones and other memorials, monuments
   and markers inside a cemetery; AND

(2) the estimated number of markers damaged is
   at least 1 and no more than 4
                   Count III
 Criminal Defacement of Property, Class 4 Felony
          is committed when an individual:

(1) knowingly damages the property of another
   without consent by defacing or otherwise
   damaging property; AND

(2) the damage to the property exceeds $300
                    Count IV
     Criminal Trespass to a Cemetery, Class A
                    Misdemeanor
          is committed when an individual:

(1) knowingly enters the premises of a public or
   private cemetery without authorization; AND

(2) does so during the hours that the cemetery was
   posted as closed to the public.
              Order of the Trial
   Opening Statements
      State must make its opening statement at start of trial

      Defense has option of postponing its opening until
       after State has presented its case-in-chief
   State Presents Its Case-in-Chief
      State’s First Witness

         direct exam by prosecuting attorney

         cross-exam by defense counsel

         re-direct by (same) prosecuting attorney

         re-cross by (same) defense counsel

      State’s Second Witness

      State’s Third Witness
              Order of the Trial
   Defense Presents
      Defense’s First Witness

         direct exam by defense counsel

         cross-exam by prosecuting attorney

         re-direct by (same) defense counsel

         re-cross by (same) prosecuting attorney

      Defense’s Second Witness

      Defense’s Third Witness

   Closing Arguments
      Prosecuting Attorney

      Defense Counsel

      Prosecution Rebuttal (optional)
        OPENING STATEMENT
   Introduction: Tell the jury who you are and why
    you are there. Introduce co-counsel and
    defense attorney’s introduce your client.

   Provide jury with a statement of the case from
    your side’s perspective and a roadmap of the
    information that you’re planning on presenting.

   Objections not allowed while opposing counsel
    is addressing the jury.
         BURDEN OF PROOF
   The Defendant need not prove his/her innocence.
    He/She is presumed innocent until proven guilty.

   The State has the burden proof.

   The burden of proof in criminal matters = guilty
    beyond a reasonable doubt.

   The State must prove all elements of the offense
    beyond a reasonable doubt.
Witnesses
Prosecution Witnesses
    Reece Mathewson, Police Officer

    Skeeter Ferris, Cemetery After-Hours
     Watchperson
    Shelby Cullom, Student



Defense Witnesses
    Lee Dubois, Parent of Jesse Dubois

    Jesse Dubois, Defendant

    Pat Dowling, Defendant
Key Considerations
   How did the damage occur?
     Natural decay?

     Intentional vs. accidental?

     Storm-related?

   Civil Liability
   Witness motivation
   Witness credibility
   Other bad acts of defendants
DIRECT EXAM
   Order of your witnesses is strategic
      Build upon the testimony of each witness in a
       logical sequence.
   Establish Foundation
   No Leading Questions
   Redirect: Use to rehabilitate and clarify
      Scope limited to matters raised in cross-exam

      Do not repeat areas already covered
CROSS-EXAM
   Use to create doubt, particularly with respect to
    the elements of the case.
   Leading questions allowed -- take advantage
   Be courteous…no badgering.
   Re-cross
      Limited to matters raised on re-direct

      Do not repeat areas already covered
OBJECTIONS
   Stand when making an objection

   All testimony stops once an objection is
    made and until the court makes a ruling

   Objecting party MUST give basis for
    objection
Most Commonly
Used Objections
   Argumentative
   Assuming facts not in evidence
   Badgering the witness/asked and answered
   Beyond the scope
   Foundation
   Relevance
   Leading Non-responsive (use carefully)
   Calls for speculation
   Unfair Extrapolation
HEARSAY
Definition


  An out-of-court statement made by
 someone other than the declarant that
goes to the truth of the matter asserted.
           EXHIBITS
Exhibits are pre-marked:
  – Exhibit A: Gravestone Damage Estimate
  – Exhibit B: Abbreviated Forensics Report
  – Exhibit C: Map of Mortis County Cemetery
  – Exhibit D: Shelby Cullom’s Confession Letter
  – Exhibit E: Article from Springfield Star
              EXHIBITS
 Show exhibit to the Judge
   – Ask permission before approaching the bench
 Show exhibit to the opposing counsel
 Show exhibit to witness
   – Ask permission before approaching a witness
 Ask witness to identify the exhibit
   – necessary to establish foundation for exhibit
 Ask questions concerning the exhibit
         Offering Exhibit
          Into Evidence
• State your intention to offer the exhibit into
  evidence:
     “You Honor, at this time the State/Defense offers
      Exhibit No. ____ into evidence. The authenticity of
      this exhibit has been stipulated.”
• Opposing counsel may object
• Court rules on admissibility of exhibit
         CLOSING ARGUMENT
   Closing arguments given after the defense rests.

   The State gives its closing argument first.

   Closings are based on the actual evidence and
    testimony presented during the trial.

   Focus on the testimony and evidence that best supports
    your side. Downplay unsupportive testimony and
    evidence.

   Objections not allowed while opposing counsel is
    addressing the jury.
                 REBUTTAL

   State has opportunity to rebut the
    defense’s closing argument.

   Scope of rebuttal is limited to subject to
    defense’s closing argument.
     COURTROOM DECORUM
   Dress appropriately.

   Behave professionally and courteously to
    the Court, opposing counsel, and all
    witnesses.

   Develop your own style.

				
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