MODEL LESSON PLAN
______________________________________________________________________________
YOUR NAME:
MALLORY ALLEN
LESSON:
MOCK TRIAL: OBJECTIONS; CROSS
EXAMINATION; CLOSING ARGUMENT.
TIME AND DAY TAUGHT:
MODEL LESSON PLAN; designed for 1.5-hour class.
Number of students:
Lesson designed for class 15-20 students
Materials required:
Objections Handout; Cross Examination Handout; Closing
Statement Handout.
I. GOALS & KNOWLEDGE OBJECTIVES—Studying, and then participating in, stages
of the criminal justice process helps students to:
a. Have a better understanding of the criminal justice process, its rationales and the
goals of each stage of the process;
b. Specifically, students should gain a better understanding of how to effectively
cross examine a witness and how to argue law and fact to a jury;
c. Students will also learn why evidentiary rules are important and how they
attempt to keep the justice process as fair as possible; and
d. Students will better understand the unique roles of the prosecuting attorney and
the defense attorney.
II. SKILL OBJECTIVES—as a result of this lesson, students will be better able to:
a. Critically examine the criminal trial process;
b. Compose a closing statement that advocates for either the State or the
defendant;
c. Develop and identify questions that draw out the specific testimony to aid their
case on cross exam;
d. Be able to apply the facts of our case to the law in an effective and persuasive
manner;
e. Reintegrate the theme and theory from opening statement into closing
statement;
f. Understand basic evidentiary rules and how to object to evidence during trial;
and
g. Vocalize and appreciate the strengths and weaknesses of opposing arguments.
III. ATTITUDE OBJECTIVES—as a result of this lesson, students will likely feel as
though:
a. They have a better understanding of the process involved in trying a case;
b. Feel better equipped and educated to form opinions on important criminal law
policies;
c. Feel as though, on a whole, the criminal justice system is fair to criminal
defendants;
d. The process is not as complex as it may seem at first; and
e. They are more confident in their preparations for the upcoming mock trial.
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IV.
CLASSROOM METHODS
a. Review Opening Statements and Direct Examination
i. This lesson is Part II of two lesson plans introducing the students to the
four aspects of mock trial: opening statements, direct examination, cross
examination, closing arguments.
ii. Today, we will discuss Cross Examination and Closing Argument
iii. But first, we are going to talk about objecting during trial.
b. What are OBJECTIONS? And why do they matter?
i. Objections are allowed during trial in order to KEEP OUT evidence that
is hurtful to your client.
ii. Objections and evidence rules were created to keep the process as fair
as possible.
1. Goals of evidence rules: fair hearing and to keep out any evidence
that 1) doesn’t relate to the issue of the case, 2) isn’t reliable or
3) whose value as evidence is totally outweighed by how
prejudicial it would be.
iii. Example: you cannot testify to what you heard someone else say.
(Hearsay). Why do you think that is important? (Wait for class
responses. If no one is getting the idea, tell the class that hearsay
objections stop a witness from testifying to something that is probably
not very trustworthy. Think of a game of telephone and how quickly the
story devolves.)
iv. Attorney can object any time she or he thinks the opposing attorney is
violating the rules of evidence. THREE times to object. (Write on
Board).
1. Can object to 1) questions that the other side’s attorney is asking,
to 2) answers that a witness is giving, or 3) to exhibits that the
other side is attempting to admit into evidence.
2. Usually don’t object in open or close (not actually evidence!)
v. How To: stand up; say OBJECTION, YOUR HONOR, _____(evidence
rule). Wait, standing, for the ruling. No need to explain yourself, judge
may agree with you! If he agrees he will say: “sustained”
vi. Judge will turn to the other attorney who asked the question or offered
the exhibit, and that attorney usually will have a chance to explain why
the objection should not be accepted ("overruled") by the judge.
vii. There are TONS of evidence rules. In Washington the evidence rules go
from ER 101-ER 1008. For our mock trials, we are going to learn 7.
viii. USE HANDOUT (see attachment I)
1. Rule 1: Leading Questions
a. A "leading" question is one which suggests the answer
desired by the questioner, usually by stating some facts not
previously discussed and asking the witness to give a "yes"
or a "no" answer.
b. Example: "Then, you saw Jordan turn to the left in a
threatening way?"
c. Example of an open question: “Please describe Jordan’s
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2.
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4.
5.
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demeanor.”
d. Leading questions may not be asked when questioning
one's own witness in direct examination.
e. Leading questions should be used on cross examination.
f. If you head a leading question: Objection: "Objection,
Your Honor, leading."
Rule 2: Argumentative Questions
a. Attorneys cannot argue with the witness. Questions
cannot be argumentative in tone or manner. Badgering is
harassing or asking again and again.
b. Ex: A Few Good Men you’d have some serious
questions to ask then wouldn’t you doctor?
c. "How do you expect the jury to believe that?"
i. That is argumentative with the witness.
d. "Objection. That question is argumentative.”
Rule 3: Speculation
a. Attorneys cannot ask questions that get witnesses to
guess.
b. Ex: anytime attorney asks witness to answer question
based on other person’s state of mind. “What do you
think ___ was thinking?”
c. “Objection. Counsel is asking the witness to speculate.”
Rule 4: Narration (or non-responsive):
a. Witnesses' answers must respond to the questions. A
long story is objectionable. When the witness gives much
more information than the question calls for.
b. Objection: "Objection, Your Honor, narrative."
Rule 5: Relevance
a. Questions or answers that add nothing to the
understanding of the issue in dispute are objectionable.
b. Questions and answers must relate to the subject matter
of the case; this is called "relevance." Those that do not
relate to the case are "irrelevant."
c. Example: "How is your gun business doing financially?”
d. Objection: "Objection, Your Honor, relevance."
e. Relevance is a low bar.
Rule 6: Hearsay
a. With certain exceptions, statements that are made outside
of the courtroom are not allowed as evidence if they are
offered in court to show that the statements are true.
b. There are many exceptions to the hearsay rule, but the
only two that apply to this trial are:
i. Admission of Party Opponent: that a witness may
repeat a statement made by either party in the case
if the statement contains evidence that goes against
his or her side; OR
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ii. State of Mind: if a person's state of mind at the
time of a certain event is important, any statements
made about that event at the time the event
occurred concerning the speaker's intent,
knowledge or belief will be admissible.
7. Rule 7: Beyond the Scope of the Packet
a. Questions that ask about, or answers that supply,
significant facts not contained in the packet are
objectionable. However, minor details regarding a
character's role may be asked and added.
b. Objection: "Objection, Your Honor, this is beyond the
scope of the packet."
ix. CROSS EXAMINATION
1. Show video clip: A Few Good Men
http://www.youtube.com/watch?v=cEiFhKOnS1Y&feature=related
2. Brief explanation: After the defense conducts its direct
examination of the defendant, the prosecution gets a chance to
cross-examine the witness.
3. Ask students: does anyone know the difference between direct
examination and cross-examination? Who conducts direct exam,
and who conducts cross?
4. Answer: each side gets to directly examine witnesses favorable to
his or her case. (The defense will directly examine witnesses
favorable to the defense, and cross-examine the prosecution’s
witnesses. The prosecution will directly examine witnesses
favorable to its case, and cross-examine the defense’s witnesses).
5. Briefly explain how direct exam differs from cross exam:
a. On direct, the lawyer wants the witness to “make” the
case – provide testimony that pulls together the theory of
the case. So the lawyer wants the witness to be the “star”
of the testimony. The witness should sound credible,
believable, reliable, etc.
b. On cross, the lawyer wants to discredit the other side’s
witness. The lawyer wants to show that the witness’s
story is unbelievable, that the witness is biased or that the
witness doesn’t really know that much about what
happened. You want to ask questions that demand a short
answer; yes or no is the best. Things you know they will
agree with (because you have looked at their prior
testimony).
c. Explain “ONE QUESTION; ONE FACT” and “signposting”
x. ACTIVITY: Break class up into pairs and pass out cross exam
HANDOUT (see attachment II). Explain the handout and read
through the example “idea” and “questions” as a class before
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starting the worksheet.
1. After students have questions, have students volunteer to
question teacher with cross questions.
2. Other students comment on the form of the questions;
potential objections; friendly critique of one another.
3. Style of Cross
a. Go over positioning on direct, keep a distance from
your witness; on cross, get close to the witness, and try to
position yourself right in front of the jury.
b. Remember not to ask question that you don’t know
already know answer to
c. Do not asking any open ended questions unless you know
answer
i. If this happened in the activity, talk about why it
was a bad idea to ask an open-ended Q
xi. CLOSING ARGUMENT
1. Matthew McConoughey in A Time to Kill, closing argument:
http://www.youtube.com/watch?v=C7f-BgDgpmE
2. Law & Order Closing Argument in Murder Trial:
http://www.youtube.com/watch?v=XMi_H_Iu9hY
3. The Basics
a. NOT like opening statements
b. ARGUES the facts that came out during the case and why
they win
c. Use jury instructions to show the jury why according to
the instructions the judge gave them, they win.
d. Prosecution goes first. Defense goes second
e. Prosecution has an opportunity for “rebuttal”
f. Almost no objections can be made during closing.
4. Purpose of Closing
a. Closing argument is just that, an argument! It is the
only time that you really get to argue to the jury.
Cannot argue in open, cannot argue with a witness,
cannot argue with the judge!
b. You are telling the jury why, according to all of the
evidence that they have heard, YOUR side wins the
case.
c. You do this in several ways…
i. Use the evidence to your advantage; show
them why this evidence makes sense and why
THIS evidence does not!
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ii. Show them why your witnesses were more
factually accurate, saw the scene better, were
more credible and why THEIR witnesses were
not!
1. Pull out specific pieces of testimony
5. After arguing the evidence to the jury, APPLY the jury
instructions to the case
a. What are jury instructions? Anyone remember?
b. LOOK AT JURY INSTRUCTIONS IN OUR CASE
c. No need to argue all of them, pick the ones that help
you show the jury why the law is on your side
6. BURDEN: beyond a reasonable doubt (look at jury
instructions)
a. Prosecution: do not forget that this is YOUR burden to
prove; if you do not meet it, it doesn’t matter how bad
the defense case was
b. Defense: remember to harp on the burden and
remind the jury that they must meet it
7. Elements of the crime
a. Prosecution: you must prove all BRD; tell your jury
how you did that
b. Defense: you can say that they didn’t meet any of the
elements (although this is probably disingenuous) OR
you can pick 1-2 elements and really attack why they
failed to meet these
xii. ACTIVITY: Break into two groups: prosecution and defense and
brainstorm closing arguments; use HANDOUT (see attachment III)
1. Form; tone; purpose; theme/theory; how to use instructions
2. Help students to fill out worksheets and collect when
finished.
3. Ask for any volunteers to share a good argument (based on
a jury instruction) why either the defendant or the
prosecution wins.
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