Basic Courtroom Procedure



Beowulf on Trial

In a few days, Beowulf will stand trial for the wrongful death of Grendel. In order for this classroom trial to proceed effectively, we’ll need prosecutors, defense attorneys, witnesses, and jurors. We’ll prepare for this trial by discussing basic courtroom procedures, reading the evidence established in Beowulf, and examining John Gardner’s Grendel for a differing perspective.

Consider first what role you would like to adopt. Knowing your specific role will help you prepare thoroughly as you read both the classic 8th-century epic and the contemporary novel. Here are your choices:

JURORS: These typical Danish citizens will listen to the case presented by the prosecutors and defense attorneys, take thorough notes on the evidence and testimony given by witnesses, and form a supportable verdict. Each juror will need to complete the following tasks:

• Create a quote journal. Include 5 quotes to support Beowulf, and 5 to support Grendel. For each quote explain how it can be used to defend the client. Cite each quote in MLA format (50 points).

• View 12 Angry Men; write a 2-page analysis of the role of bias within a jury (100 points).

• Take notes during Beowulf’s trial; write a 2-page argument in support of the juror’s verdict (100 points).

WITNESSES: To provide testimony and character references for the prosecution and defense, each witness must be fully knowledgeable of the character’s role in both Beowulf and Grendel. Each witness is expected to complete the following preparations:

• Create a quote journal. Include 10 quotes, cited in MLA format, which support your team’s client. Then explain how the quote can be used to support your cause. (50 points).

• Create 6 questions that your lawyer will ask you in order to defend your team’s client. Include answers to each question.

• Anticipate responses to likely questions from opposing counsel. Write 4 questions and answers that your cross-examiner may ask you.

• Write a 2-page essay comparing portrayals of your character in Beowulf and Grendel (100 points).

• Create a fitting presentation of the character, including some form of costume and fitting personality. Have fun with the role, while remaining in character throughout the trial (100 points).

ATTORNEYS: This most challenging role requires prosecutors to prepare a case against Beowulf and the defense team to prove its client’s innocence.

Attorneys must prepare for the following:

• Create a quote journal. Include 10 quotes, cited in MLA format, which support your team’s client. Then explain how the quote can be used to support your cause. (50 points).

• Prosecutors must gather specific evidence from each text to prove “beyond the shadow of a doubt” the guilt of Beowulf. Defense must gather specific evidence to create significant doubt to the client’s guilt.

• Write and present an opening argument addressing the charges and the prosecution’s/defense’s case.

• Write and present a closing argument at the trial’s close.

• Write a 2-page essay arguing the key evidence of Beowulf’s guilt or innocence (100 points).

• An attorney’s performance in the trial is also worth 100 points.

Opening Statements

- The PROSECUTION delivers its opening statement first, addressing the charges, explaining what evidence will be presented, and what it will try to prove. This should be spoken directly to the JURORS.

- The DEFENSE follows with its opening statement.

Prosecution’s Case

- The PROSECUTION calls its first WITNESS, asking relevant questions, prepared in advance. “…attorneys should develop questions to ask their own witnesses and rehearse their direct examination with these witnesses. Witnesses should become thoroughly familiar with their witness statements so that their testimony will not be inconsistent with their witness statements.” Furthermore, questions should not be leading—not include the answer within the question—on direct examination (“Guide to Conducting Mock Trials”).

- At any point, the DEFENSE may object to a question or response based upon the various rules of evidence (see pp. 3-4).

- Following the PROSECUTION’s questioning of the first WITNESS, the DEFENSE has the opportunity to cross-examine the witness with questions prepared in advance or generated based on testimony. “Leading questions may…be used in cross-examining a witness in order to impeach the witness' credibility in the testimony” (“Guide to…”).

- Following cross-examination, the PROSECUTION may choose to redirect questions to its WITNESS.

- The PROSECTUION may continue to call WITNESSES—each affording the DEFENSE an opportunity to cross-examine—or rest its case.

Defense’s Case

- The DEFENSE calls its first WITNESS, asking relevant questions, prepared in advance. At any point, the PROSECUTION may object to a question or response based upon the various rules of evidence.

- Following the DEFENSE’s questioning of the first WITNESS, the PROSECUTION has the opportunity to cross-examine the witness with questions prepared in advance or generated based on testimony.

- Following cross-examination, the DEFENSE may choose to redirect questions to its WITNESS.

- The DEFENSE may continue to call WITNESSES—each affording the PROSECUTION an opportunity to cross-examine—or rest its case.

Closing Arguments

- The PROSECUTION delivers its closing statement, summarizing the key points of its case. ”The closing arguments are rather challenging since they must be flexible presentations, reviewing not only the evidence presented for one's side but also underscoring weaknesses and inconsistencies in the other side's case which arise out of the trial proceedings” (“Guide to…”).

- The DEFENSE follows with its closing statement.

Judge’s Charge to the Jury

- The JUDGE reminds JURORS of the burden of proof in a criminal case: the defendant must be found guilty “beyond a reasonable doubt” (Schrier).

Jury’s Deliberation

- Court is adjourned while JURORS deliberate and determine their verdict.

Verdict and Sentencing

- Following adjournment, court is reconvened and the JUDGE asks JURORS’ foreperson to announce the decision. At attorney request, JURORS may also be polled.

- If found guilty, the JUDGE will determine sentencing for the defendant.

Rules of Evidence, from “2004 Simplified Rules of Evidence”

Rule 1. Leading Questions: A “leading” question is one that suggests the answer by the questioner, usually asking the witness to give a yes or no answer.

Example: "So, Mr. Smith, you took Ms. Jim to a movie that night, didn't you?"

Objection: "Objection, Your Honor, counsel is leading the witness." (Opposing Attorney)

Possible Response: "Your Honor, leading is permissible on cross-examination," or "I'll rephrase the question." For example, the above question would not be leading if rephrased as: "Mr. Smith, where did you go that night? Who did you go with?" (This would not suggest the answer the attorney desires nor ask for a yes or no answer.)

Rule 2. Relevance: “Questions and answers must relate to the matter of the case; this is called ‘relevance.’ Questions or answers that do not relate to the case are ‘not relevant.’

Example: (In a traffic accident case) "Ms. Jim, how many times have you been married?"

Objection: "Your Honor, this question is not relevant to this case."

Possible Response: "Your Honor, this series of questions will be foundational (or relevant) to show that Ms. Jim's first husband was killed in an auto accident, and this fact has increased her mental suffering in this case."

Rule 3. Hearsay: "Hearsay" is an out-of-court statement, written or oral.

Examples: An oral statement: "Harry told me that he was going to visit Mr. Kong." or a hospital report.

Exceptions: …hearsay evidence is allowed when: (a) a witness is repeating a statement made directly to the witness by one of the parties in the case; (b) a witnesses is repeating a statement made directly to the witness by someone who is dead; or (c) when a witness's state of mind is an important part of the case and the hearsay consists of evidence of what someone said which described that particular person's state of mind.

Objection: "Objection, Your Honor, this is hearsay."

Possible Response: 'Your Honor, since Harry is the defendant (or party in the case) the witness can testify to a statement he heard Harry make."

Exception to the hearsay rule does not extend to witness testimony about what another person heard a witness say. This is "double hearsay."

Rule 4. Firsthand Knowledge: Witnesses must have directly seen, heard, or experienced whatever it is they are testifying about.

Example: "I know Harry well enough to know that two beers usually make him drunk, so I'm sure he was drunk that night, too."

Objection: "Your Honor, the witness has no firsthand knowledge of Harry's condition that night."

Possible Response: "The witness is just generally describing her usual experience with Harry."

Rule 5. Opinions: Unless a witness is qualified as an expert in the appropriate field, such as medicine or ballistics, the witness may not give an opinion about matters relating to that field.

Example: (Said by a witness who is not a doctor) "The doctor put my cast on wrong. That's why I have a limp now."

Opinions are objectionable unless given by an expert qualified in the appropriate field. An exception to this rule, a lay witness may give an opinion about something based on common experience of people in the community and of which the witness has first-hand knowledge.

Objection: "Objection, Your Honor, the witness is giving an opinion."

Possible Response: 'Your Honor, the witness may answer the question because ordinary persons can judge whether a cast was put on correctly."

Sources

“Guide to Conducting Mock Trials.” Nineteenth Judicial Circuit Court of Lake County,

Illinois. 2008. Nineteenth Judicial Circuit Court of Illinois. 21 March 2008.

Schrier, Bill. Personal interview. 21 March 2008.

“2004 Simplified Rules of Evidence.” Hawaii Friends of Civic and Law-Related

Eduction. 16 February 2004. HIFriends. 22 March 2008.

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