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anatomy of a trial

Anatomy of a Trial [Period 4, Class #7, 6-24]

"First off," Alex said. "Closing arguments. Only one of you went last week, so that means the rest of you should be prepared for today."

She set down a mug of hot tea and gave a somewhat sheepish look at her students. "Your final is ... less detailed than I'd intended. I'm afraid I've spent most of my free time this week dealing with some personal legal concerns. Be as brief or as exhaustive as you'd like, in your responses."

"And if anyone wants extra credit, then please research the ways in which one can obtain an annulment from the commonwealth of Virginia."

... No reason.

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It's short and it's sweet.

Voir dire is the act of interrogating a pool of potential jurors.

1a) Why is voir dire performed?

1b) Give two examples of helpful questions for voir dire. (Feel free to assume the case is your own, from this term, if a hypothetical is needed.)

1a) The voir dire is the process by which jurors are empaneled, so both the prosecuting and defense attorneys have a chance to select an impartial jury, weeding out anyone they feel may be unfairly biased.

1b) "Has any member of your family -- yourself included -- ever been arrested, or served time in prison?" and "Do you feel [x experience] will unfairly bias you in these proceedings?"

1a) Because most people aren't qualified to serve on a jury, so you have to weed out the ones that suck the most in order to get a marginally decent group.

1b) Would you be more inclined to trust a person's testimony if they are a police officer? Less likely?

Trials begin with opening arguments and end with closing arguments.

2a) How do the two differ, and how are they the same?

2b) Give one example of something which can not be included in an opening or closing argument.

Edited 2010-06-24 14:22 (UTC)

2a) In the opening you say what you're going to prove, and in the closing you sum what up what you did prove. They're both summaries of your arguments, though.

2b) You can't actually prove anything new -- that's for the rest of the trial.

Witnesses are called to the stand, then questioned by both sides (examination and cross-examination).

3a) What is the goal, when interrogating your own witness?

3b) What is the goal, when interrogating a witness from the other side?

The goal for calling your own witnesses is to build up and establish the facts of your case. The are the sources you are citing to prove that your version of events is the correct one. The more corroboration you have for your case, the less wiggle-room the opposition will have.

When you're cross-examining the other side's witnesses, you want to raise uncertainty in the witness's testimony, pointing out any flaws or discrepancies that can call their testimony into doubt. Even if you can't prove that the witness is wrong, you can certain raise of question of whether they're right.

3a) To establish facts that prove your case.

3b) To establish facts that prove your case, and to prove they're lying if their facts contradict yours. Or at least to make them look untrustworthy.

State one thing you learned in this class.

The judge is called the Honorable So-and-so. One can refer to them as Judge So-and-so, but never as Hon. That's an endearment and is inappropriate for the court room.

What? The lesson had stuck!

I learned the anatomy of a trial.

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Anatomy of a Trial [Period 4, Class #7, 6-24]

Final (Ish) - ANAT07

Question 1: Voir Dire - ANAT07

Re: Question 1: Voir Dire - ANAT07

Re: Question 1: Voir Dire - ANAT07

Question 2: Opening and Closing Arguments - ANAT07

Re: Question 2: Opening and Closing Arguments - ANAT07

Question 3: Witnesses - ANAT07

Re: Question 3: Witnesses - ANAT07

Re: Question 3: Witnesses - ANAT07

Question 4: Miscellany - ANAT07

Re: Question 4: Miscellany - ANAT07

Re: Question 4: Miscellany - ANAT07