Law December 9

• Bellringer: Rules of Evidence– During direct examination, the prosecution asks Flo Pig

“What had Curly Pig told you that the Wolf was yelling to him on the night of November 30th.”

– During direct examination, the defense asks B.B. Wolf, “why do you think Curly and Wurly made their homes out of straw and sticks?”

– On direct-examination, the prosecution asks the Flo Pig, “What did you hear the wolf yelling as he chased after Wurly and Curly.” The defense attorney objects on the grounds of hearsay. Would the judge overrule or sustain the objection? Explain your reasoning.

Practice Direct ExaminationsQuestion Desired Witness Response

Prosecution (To prove attempted murder) Response from Flo Pig: When I looked out the window, I saw my brothers running and the Wolf running behind them with bared teeth.

Prosecution (To prove attempted murder) Response from Flo Pig: The Wolf was trying to find a way to break into my home, he even resorted to trying to climb down the chimney.

Defense (To prove innocence) Response from Alexander Wolf: I was just trying to obtain sugar for my mother’s birthday cake.

Defense (To prove innocence) Response from Alexander Wolf: The straw and the stick houses were so flimsy that an innocent sneeze could have destroyed them.

Cross-Examination

1. The Cross examination serves two purposes:1. Eliciting helpful testimony2. Discrediting the opposing witness

2. If you choose to take advantage of both purposes, elicit the favorable testimony before destroying your opponent’s case.

3. Questions should be formatted: in a yes or no, leading format

Cross-Examination• Pointers:• (1) Keep it simple!• (2) Make your strongest points at the beginning and at the end• - don’t use introductory statements - start with your strongest question• - know the likely answers to all the questions you ask• (3) Vary order of topics from direct so witness does not anticipate your

purpose• (4) Don’t repeat the direct examination• (5) Use short, clear questions, bit by bit• (5) Don’t argue with your witness• (6) Don’t ask your witness to explain• Don’t ask the “one question too many”• (8) Make your questions leading

Part 2• What are the elements of the crime the defendant is being charged with?

– Action: • Substantial Steps toward Murder

– Intention: • Intent to commit Murder

• What evidence can this witness offer with regard to one of those elements that favors your position? – Defense questioning Flo: Pigs never gave Wolf a chance to explain – Prosecution questioning Wolf: Wolf climbed roof

• What weaknesses, biases, motives, etc. can you infer about this witness?– Defense questioning Flo: Bias…Pigs fear wolves– Prosecution questioning Wolf: Motives… Many wolves eat pigs

• Now, write a question that meets the guidelines set forth above, and that would allow the witness the chance to provide that evidence. Be prepared to share!

Practice Cross ExaminationIf your trying to prove… What question could you ask?

Prosecution (To prove attempted murder)Support your case…

Question for Wolf: Would you agree that wolves commonly hunt pigs for food?

Prosecution (To prove attempted murder)Discredit the Witness…

Question for Wolf: If you were truly “just trying to apologize,” wouldn’t it make more sense to apologize through the door? Or write a letter? Did you have to be inside the house to “apologize”?

Defense (To prove innocence)Support your case…

Question for Flo Pig: You only “heard” the sound of your brother’s homes falling. So, you can’t really be certain what happened can you?

Defense (To prove innocence)Discredit the Witness…

Question for Flo Pig: Isn’t it true that you have always feared and hated wolves?