trial tools 1
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Trial Tools 1
Advocacy Tools:How to plan for presentation at trial
I. Advocacy Tools• Organization• Content
ORGANIZATION:Primacy & Recency
• The basic rule: “People tend to remember the things they hear first and last.”
• Important points should come at the beginning and end of every presentation.
• Interment: Midpoints are remembered least—stick your counterproductive & embarrassing points here.
• This rule can be applied to each subpart of the case: not just the main parts!
ORGANIZATION:Sequencing
• Foundation: Establish predicate facts before moving on to establishing ultimate facts.
• Clarity: Establish context and purpose for a line of questioning or presentation before starting it.
ORGANIZATION:Sequencing
• Impact: Group connected evidence together and in an order of increasing importance for maximum impact.
• Committment: On cross-examinations work up a series of “commitments” the witness makes from least to most controversial “reducing at each stage the witness’ latitude to deny your point (p. 18).
ORGANIZATION:Contrast & Apposition
• Apposition shows relationship of facts. This tactic seeks to link together a series of facts that are connected to a main point but disparate chronologically.
• Contrast seeks to highlight factual differences. This tactic demonstrates conflicting facts which are not necessarily chronological.
ORGANIZATION:Repetition & Duration
• Duration: The more time you spend on a topic, the more important it will seem.
• Repetition: The more times a point is mentioned, the more likely it is to be believed and remembered (and understood).
• Don’t overuse these tools!
CONTENT:Details
• Use smaller details to support a greater whole
• Jury Instructions: Identify the jury instructions in a mock trial case. These are the ultimate conclusions you must lead the jury to make.
• Sub-Conclusions: Identify smaller conclusions you will need to walk the jury through to lead them to the ultimate conclusions.
CONTENT:Details
• Evidentiary Parts: For each sub-conclusion, identify all relevant evidentiary elements.
• Examination Goals: In general, using evidence to prove specific sub-conclusions should be the goals for each of your examinations (both direct and cross).
CONTENT:Reflection
• Pacing of language can be used to evoke time, distance or intensity.
• Rapid presentation: Makes events being depicted seem faster, closer in time & space, more intense and more disorganized.
• Slow presentation: Makes events being depicted seem slower, further in time & space, less intense and more organized and thoughtful.
CONTENT:Evocation
• Use words to create visual pictures of events that are authentic, memorable and compelling!
• Nouns & Verbs: These words convey something as it actually is—creating an actual image!
• Adjectives & Adverbs: These words convey judgments about “things”. Furthermore they turn control of the image over to the hearer, rather than the “storyteller.”
CONTENT:Powerful Language & Precision
• Avoid ambiguity—speak as though you know every aspect of the trial precisely. Do not use terms like “probably, maybe… etc.”
• Assert yourself and be sure to clearly tell the judge and the jury what you want at all points of the trial.
• SAY WHAT YOU MEAN! MEAN WHAT YOU SAY! KNOW WHAT YOU WANT!
CONTENT:Visual Aids
• In general, visual memory is more accute than aural memory.
• Always ask: “How can this idea be illustrated?”
• In Mock Trial, we are allowed two demonstrables per side/ per trial.
CONTENT:Headlines & Transitions
• Avoid tedium in trials! Make it as interesting as possible!!
• Clue the jury that something of value is about to happen.
CONTENT:Headlines
• Modest Headline: “Let’s talk about your education.”
• Bold Headline: “This case is about three broken promises: This is the first one…”
• Screaming banner: “The defendant is a murderer—and here is the one fact that proves it!”
CONTENT:Transitions
• After working through technical foundations, refocus the jury with a transition question.
• “So, with this in mind, how did Mr. Smith react?”
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