4. If asked if you have discussed the case with anyone, indicate any occasion when you have talked with your attorney in preparation for trial.
5. Speak clearly so you will be heard. The judge must hear and record your answer. Do not respond by shaking your head “yes” or “no”.
6. Listen very carefully to questions. Before you answer, make sure you understand what has been asked. If you do not understand, ask that they be repeated.
7. Do not give your personal opinions or conclusions when answering questions unless asked to do so. Give only the facts as you know them, without guessing or speculating. If you do not know them, say you do not know.
8. If you answer a question incorrectly, ask the judge if you may correct it.
9. If the judge interrupts or an attorney objects to a question you answer, stop talking immediately. Do not resume until arguments and rules on an objection, the judge will instruct you to answer or not to answer the question asked.
10. Be polite while answering questions and do not lose your temper.
11. Be courteous to attorneys and the judge.
12. When answering a question from the judge say, “Yes, your Honor” or “No, your Honor”.
13. If the judge rules against your attorney on an objection, take the ruling gracefully.
Purpose: To provide favorable information in order to prove the facts of your case.
2. Know the questions that your attorney will ask you on direct examination and prepare clear and convincing answers that contain the information that the attorney is trying to elicit from your testimony.
3. Practice with your attorney.
Presentation: 1. An appearance of confidence and trustworthiness is important.
2. Be sure your testimony is consistent with the facts set forth in your statement.
3. Remain calm if the attorney or judge asks you a question you haven’t rehearsed.
4. Wait for your attorney to complete a question before beginning your answer.
5. Occasionally, look at the judge when answering a question posed by your attorney.
6. Avoid annoying distractions while testifying, such as rocking back and forth.
7. Don’t be afraid to be a little animated.
Purpose: To make the other side’s factual presentation less believable.
2. Anticipate what you will be asked on cross examination and prepare answers accordingly. Isolate all the possible weaknesses, inconsistencies and problems in your testimony and be prepared to explain them.
3. Practice with your team’s attorney who will be conducting cross-examination of the person you are portraying.
Presentation: 1. Be sure your testimony is consistent with the witness statement.
2. If you make an incorrect statement during direct examination that wasn’t caught, don’t be afraid on cross-examination to admit your mistake.
3. Don’t volunteer information. If a question calls for a simple answer, give it and stop even if there is an uncomfortable silence before the next question.
4. Don’t feel that you have to explain away testimony that the opposing counsel has made to appear bad for your side. That is the job of your attorney on redirect. Your attorney can, and should, come back on redirect and clear up any areas that need further explanation or clarification.
5. Good cross examination can be tough, so don’t get flustered. A witness who can respond well during cross examination can give his/her team some well earned points.
Historical Analysis: Boston Massacre Comparison Chart
Directions: In this activity, you are to compare the information drawn from the testimony in the mock trial with the famous engraving drawn by Henry Pelham and reprinted by Paul Revere several days after the alleged massacre. Complete the left hand column (Based on Witness Testimony) before you view the cartoon.
How many soldiers were present at the shooting?
How many people were in the crowd that confronted the British Soldiers?
Describe the emotions revealed in the faces of the soldiers just prior to the shooting.
Were the townspeople threatening the soldiers in any way? If so, how?
Describe the formation of the soldiers.
What was the name of the building that the soldiers were standing in front of?
Were shots fired by anyone besides the soldiers standing on King Street?