[blindlaw] Mock Trial

Tue Jan 5 22:46:39 UTC 2010

Ms Kennedy
I am recently retired Federal government attorney.   In my career I  
did a fair amount of trail work, almost all criminal prosecution in  
Federal Court.  I attended the DOJ Trial Advocacy institute and  
instructed at the Federal Law Enforcement Center on criminal law and  
trial preparationI and testimony for Federal agents and forensic  
experts.   I did not lose my vision until my late forties which caused  
my early retirement as I no longer met the physical qualifications of  
my law enforcement agency.   I know do pro bono civl advocacy work in  
Federal Court and with Federal Agencies as well as Regional Centers  
for the Developmentally Disabled.    I mention this background to  
indicate that my approach to trial advocacy and jury trials has not  
changed due to my loss of vision.

Moving About the Court (YOU DON'T)

My comments herein are limited to Federal Courts and agencies.   In  
Federal Court attorneys are NOT allowed to move about the court room.   
If you need to approach the witness to ask the Judge for permission.   
If you want to approach the jury you ask for permission.   If you want  
to do anything, you better ask the Judge for permission.   In most  
instances, you will have a pre trial conference with the Curt and you  
should dvise the Court of any special needs such as equipment,   
lighting and handeling physical evidence.   In summary, in Federal  
Court you are pretty much stuck at the LECTERN (Never call it a  
podium!).   For the vision impaired, I find these rules to equalize or  
level the playing field.

Opening and Closing Statements

Never Over Promise your case in your Opening Statement.  The jury will  
remember what you said you will prove and if they do not rest assured  
that opposing counsel if they are good will remember and use any  
failure on your part to deliver as an argument with the jury.

Keep your Opening Simply.   In criminal cases it All About the  
Story.   Good Prosecutors tell the sory of what happened not in a  
legaistic language that the jury has difficulty understanding but in  
simple words that people speak daily.  Your opening is  Who What When  
Where and HOw.  This is combined with a few legalistic phrases like:   
The evidence will show that Mr. X  willfully / intentionally (dpending  
on legal standard) did XYZ.   You need to grab the jury attention and  
hold it not bore them with legalistic standards or jargon that makes  
them fall asleep.

Your closing argument is a Road Map of where you started and how the  
evidence you presented leads to the conclusion that Mr. X is guilty.  
Remind the jury of your Opening Argument and what you told them (Never  
you the phrse 'I promsied you ...").   If your case is complex, the  
Closing Argument is your opportunity to tie everything together, the  
witnesses, the evidence and the charges.

Civil Jury Trials

For the most part the rules above also apply in Civil Trials.  The  
idifferences are that in a Civil trial the court gives you the  
attorney more lattitude to aruge and sometimes move about BUT NOT  
ALWAYS.   In a Criminal Case, the Defense Attorney can sit back, after  
all its the burden of the prosecutor to prove beyond a reasonable  
doubt that Mr. X is guilty.  All teh Defense nees to say is that you  
failed to meet your burden of proof an ask fora directed verdict.  In  
Civil cases each attorney has to forcefully argue her case and can not  
sit back.

Some Techniques to Consider

First criminal trial I ever did as a prosecutor was will a very  
attractive U.S. Attorney as lead.  When she showed up for trial she  
was dressed down with little make up, looking very plain.  She  
explained to me later that she did this because she learned the hard  
way that she wanted the jury to focus on the Defendant and not her  
looks.   If you are the Defense, you dress up and have your client  
always dressed up.   Always be respectful of the Judge, opposing  
cousnel and the Defendant if there is one.  Remember the jury is  
always watching you.  In crimal cases, the Government is always held  
by the jury and the Court to a higher standard.

As a visually impaired trail attorney, I make it a point to speak with  
the Clerk and Judge before hand.  advise them of my vision limitations  
and what accomodations I will need.  I have never found a "NO" to any  
of my requests.  The the contrary, I find the court and Judges to go  
out of thei way to assist e.  Even opposing counsels have been  
cooperative.

Finally, enjoy the experience and learn from it,  We all make mistakes  
but the key is to learn form these mistakes and do better.

Good Luck:

Fred W. Lopez

n Jan 5, 2010, at 12:10 PM, Kendrick Kennedy wrote:

> Hello All,
>
> Looking for some tips on engaging the jury and moving about in the
> courtroom.  Any feedback will be appreciated. I have done an appeal
> courtroom setting and this is my first time working in a trial
> courtroom setting.
>
> -- 
> Thanks, 2K
>
> Being Blind isn't a right, it's a privilege!
>
> ****************************************
> Kendrick R. Kennedy, BSBA
>
> Juris Doctor Candidate, 2011
> The University of Mississippi,
> School of Law
>
> P.O. Box 2006
> University, MS 38677
>
> Phone:(769) 218-0699
> Cell   : (228) 424-4653
> E-mail: dricken at gmail.com
>
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