ATTORNEYS (PROSECUTION & DEFENSE)
Defense Attorneys present the case for the defendants. They offer their own witnesses to present their client’s version of the facts. They may undermine the prosecution’s case by showing the prosecution has failed to prove its case beyond a reasonable doubt, prosecution witnesses cannot be depended upon, or their testimony makes no sense or is seriously inconsistent.
Prosecutors present the case for the state against the defendant. By questioning witnesses, they try to convince the judge or jury that the defendants are guilty beyond a reasonable doubt. They suggest a motive for the crime and will try to refute any defense presented by the defense attorneys.
1. Research your case
*Gather all the facts of the case. Know and understand all the details.
2. Develop a case strategy
Questions to ask when developing your team strategy:
*What the strengths of the case? What are the points and issues you will want to emphasize?
*What are the weaknesses of your case? What points and issues must you prepare a counter-argument?
*What are the possible holes in your strategy? (You don't want to be surprised at trial)
*Is there a key witness you will want to exploit during cross-examination?
*In what order will you call witnesses? Why?
*What will you offer into evidence?
Evidence may take several forms including:
Testimony: A person, called a witness, tells the court what he or she saw, heard, did, or experienced in relation to the incident in question.
Documents: Letters, notes, deeds, bills, receipts, etc. that provide information about the case.
Physical Evidence: Articles such as weapons, clothing, etc. that can provide clues to the facts.
3. Prepare Opening and Closing Statements
The opening statement introduces the attorney and his/her client and tell the jury what the case is all about. It is the attorney's first opportunity to present the jury with a clear and concise description of the case from his or her client's perspective. But the opening statement is not an argument. The attorney may not infer from or plead the facts of the case that he/she expects to prove during the trial. The purpose of the opening statement is to tell the jury what the case is about and what you expect your evidence will be.
Closing arguments should include:
* An address to the judge, jury and your opponent.
* An explanation to the jury of your purpose--to summarize the facts and relate them to the issues in the case.
* An "argument" telling the jury why it should consider all of the evidence and decide in your favor (i.e., tell them what the verdict should be and why).
The attorney should argue but not shout or attack personalities. The testimony of each witness should not necessarily be repeated in chronological order since the jury has already heard all of the witnesses. Instead, the attorney, by referring to the witnesses' testimony, should focus on putting the whole story together for the jury.
4. Preparing Witnesses
Helping witnesses prepare for what questions the opposing attorneys may ask and practicing questioning.
5. Preparing Direct and Cross Examination Questions
Direct examination is the heart of most trials. A well-conducted direct examination must be carefully prepared in advance by the attorney and practiced with the witness.
The following is a list of the sorts of questions that might be asked on direct examination:
* "What happened then?" or "What did you see?"
* "How long have you worked for Mr. Brown?"
* "What happened after you saw the train stopped?"
* "How far away was the group of men when you first saw them?"
* "How long did you hide?"
* "Did John (the defendant) say anything about..."
General
http://mswallaceonline.weebly.com/uploads/9/0/0/1/9001256/trial_of_john_brown_brief_overview_linder.pdf
Defense Attorneys present the case for the defendants. They offer their own witnesses to present their client’s version of the facts. They may undermine the prosecution’s case by showing the prosecution has failed to prove its case beyond a reasonable doubt, prosecution witnesses cannot be depended upon, or their testimony makes no sense or is seriously inconsistent.
Prosecutors present the case for the state against the defendant. By questioning witnesses, they try to convince the judge or jury that the defendants are guilty beyond a reasonable doubt. They suggest a motive for the crime and will try to refute any defense presented by the defense attorneys.
1. Research your case
*Gather all the facts of the case. Know and understand all the details.
2. Develop a case strategy
Questions to ask when developing your team strategy:
*What the strengths of the case? What are the points and issues you will want to emphasize?
*What are the weaknesses of your case? What points and issues must you prepare a counter-argument?
*What are the possible holes in your strategy? (You don't want to be surprised at trial)
*Is there a key witness you will want to exploit during cross-examination?
*In what order will you call witnesses? Why?
*What will you offer into evidence?
Evidence may take several forms including:
Testimony: A person, called a witness, tells the court what he or she saw, heard, did, or experienced in relation to the incident in question.
Documents: Letters, notes, deeds, bills, receipts, etc. that provide information about the case.
Physical Evidence: Articles such as weapons, clothing, etc. that can provide clues to the facts.
3. Prepare Opening and Closing Statements
The opening statement introduces the attorney and his/her client and tell the jury what the case is all about. It is the attorney's first opportunity to present the jury with a clear and concise description of the case from his or her client's perspective. But the opening statement is not an argument. The attorney may not infer from or plead the facts of the case that he/she expects to prove during the trial. The purpose of the opening statement is to tell the jury what the case is about and what you expect your evidence will be.
Closing arguments should include:
* An address to the judge, jury and your opponent.
* An explanation to the jury of your purpose--to summarize the facts and relate them to the issues in the case.
* An "argument" telling the jury why it should consider all of the evidence and decide in your favor (i.e., tell them what the verdict should be and why).
The attorney should argue but not shout or attack personalities. The testimony of each witness should not necessarily be repeated in chronological order since the jury has already heard all of the witnesses. Instead, the attorney, by referring to the witnesses' testimony, should focus on putting the whole story together for the jury.
4. Preparing Witnesses
Helping witnesses prepare for what questions the opposing attorneys may ask and practicing questioning.
5. Preparing Direct and Cross Examination Questions
Direct examination is the heart of most trials. A well-conducted direct examination must be carefully prepared in advance by the attorney and practiced with the witness.
The following is a list of the sorts of questions that might be asked on direct examination:
* "What happened then?" or "What did you see?"
* "How long have you worked for Mr. Brown?"
* "What happened after you saw the train stopped?"
* "How far away was the group of men when you first saw them?"
* "How long did you hide?"
* "Did John (the defendant) say anything about..."
General
http://mswallaceonline.weebly.com/uploads/9/0/0/1/9001256/trial_of_john_brown_brief_overview_linder.pdf