What are we going to do?

• We are going to take your GINORMOUS packet and reenact a courtroom trial.
• There will be attorneys and witnesses
• It will be a bench trial (I am the judge)
• Attorneys will have the opportunity to object!

What is this case about?

• A train conductor plowed into a car that was speeding away from the police (trying to beat the train). One passenger was killed. The train conductor was texting.

What are the two sides?
Prosecution
Defense

Prosecution (the State)
• Prosecution has the burden of proof
• They need to prove Parker
Plunkett guilty beyond a reasonable doubt.

What do they need to prove?
• Parker Plunkett is guilty of:
• 1. Manslaughter
• 2. Negligent Homicide
• 3. Aggravated Assault
• 4. Endangerment

Who are the Prosecution’s 3 witnesses?
• 1. Billie Jean Dugan
• 2. Detective Amari Lassard
• 3. T.J. Hollenbeck, PhD

Billie Jean Dugan
• He was the one driving the car, fleeing from the police

Detective Amari Lassard
• Police officer who investigated the accident
• S/he was the one who arrested
Dugan
• Investigated Plunkett’s texting history

T.J. Hollenbeck, PH.D.
• Expert witness
• Director of the National
Transportation Safety Group of
America
• Provides research statistics on safety issues and distracted driving
• Compares texting and driving to driving under the influence

Defense
• The defense does not have the burden of proof.
• The defense needs to poke holes in the prosecution’s case

Who are the witnesses for the defense?
•
•
•

Officer Andy Reddig
• Officer that was chasing Billie Jean
Dugan
• Will testify to Dugan’s erratic driving
• Arrived on the scene right after the accident

P.T. Gonzalez
• Teenager who was riding the light rail.
• Will testify to Plunkett’s character
• Will testify to what s/he saw of the accident that night
• S/he is the only eye witness testifying

Jules Hoffman, Ph.D
• S/he is an expert witness
• Will testify as an accident reconstructionist
• Will testify about the visibility, reaction time, and lack of seat belt use
• S/he is trying to say that regardless of what Plunkett did, the accident could not have been avoided.
• S/he will say that if Tara had been wearing her seatbelt, she would have not died

• You will be split into 2 teams
• Prosecution/State
• Plunkett is guilty
• Defense
• Dugan is responsible though he is not on trial

Opening Statements
• Both sides will give an opening statement
• Write a 5 minute speech
• Outline the story – what are the facts? What happened?
• What is your side trying to prove?
• What will your witnesses say?
• Whoever does this role can use notes
• It’s a safe role
• Matter-of-fact/straight forward. Not much emotion is used

Witnesses
• Six of you will play the role of a witness
• Witnesses act like the character they are playing
• Roles have to be memorized
• An attorney will ask you questions (you will help write those questions)
• An attorney for the other side will cross-examine you
• They will try to pick apart your testimony
• This is a great role for those who like to act. A person needs to be able to be convincing and to think on your feet

Direct Attorney
• This is considered a friendly attorney
• You get your witness to tell the story
• You ask open-ended questions (What happened? Please explain…)
• Avoid yes/no questions
• A person wants to be well-versed, but you can use notes
• You have state objections/respond to objections
• You have to be able to help out your witness if they get stuck

C-X (cross) Attorney
• Considered a hostile attorney
• You question a witness on the other side
• You pick apart their testimony; you try to make them look bad
• You ask yes/no questions – Isn’t it true? You did that, correct?
• Never ask an open-ended question
• You want to be well-versed, but can use notes
• Really need to be able to think on your feet
• Can have a bit of an attitude
• Need to use and respond to objections
• Probably the most challenging, but fun role

Closing Statement
• Each side will give a closing statement
• The speech will be about 5 minutes long
• Attorney can use notes, but needs to be wellversed
• A closing statement will be a recap of what happened during the trial
• What did your witnesses prove?
• Point out weaknesses in the other side.
• What do you want the judge (me) to rule?

Stu’s favorite courtroom moments
• You Can't Handle The Truth – YouTube
• Time to Kill - Closing Arguement - YouTube

Why Stu is so intense about this part of the trimester…..

What happens if you waste my or your classmates’ time?

Hints for the MT quiz on
Monday
• Need to know which witnesses are for Pros/Defense
• General info about the witness statements
• Who was the passenger
• Who is the defendant
• What kind of car
• Texting increases the likelihood of a crash by _________%
• Texting is like a BAC of ___________
• How many text messages did Plunkett receive
• Be able to identify weaknesses of the witnesses’ statements
• 26 questions -- formative