CRIMINAL TRIAL ADVOCACY - SECTION A
Course Materials. Our first class is Wednesday, August 16, 2017. Starting Wednesday, August 9, 2017, you may pick up the DVD containing the Assignments in Criminal Trial Advocacy from the faculty secretary in Room 620. The returnable DVD contains Professor Moses' copyrighted litigation exercises that you will perform during the first ten weeks of the semester, plus his 1300-page copyrighted Criminal Practice Manual. See Syllabus. The DVD is to be returned at the end of the course in useable condition. There is no charge to you for the use of Professor Moses' books during the course. You are free to download the Criminal Practice Manual from the DVD solely for your own personal use.
It's said that the secret to getting ahead is to get started. So, here we go! For the first class on Wednesday, August 16, 2017, the following students should prepare to role-play the prospective client/witness or lawyer roles, as indicated below, in the three interviewing problems in Assignment Number One located in the Assignments in Criminal Trial Advocacy material on the DVD.
ASSIGNMENT ONE: INTERVIEWING - ROLE-PLAYERS
Problem # Client/Witness Roles Lawyer Roles
ONE: Luis/Paul Jayelle & Taylor
TWO: Cailey /Jesse Ashley & Jonathan
THREE: Christina/Elise Hunter & Sarah
For Assignment One, please take a look at the CCJA web pages on Interviewing Clients, Interviewing and Preparing Witnesses. and the Model Rules of Professional Conduct. You will also find that the first chapter in the DVD Criminal Practice Manual is devoted to interviewing and counseling clients. In each of these first assignment problems where two people are assigned as lawyers, I ask that the first lawyer in each two-person team do the lion's share of the questioning of the client/witness and the other lawyer take major responsibility for taking notes for the case file and for subsequent posting of those notes to our CTAforum Discussion Group. If only one lawyer is assigned to a problem, s/he does all the talking and note-taking.
SPECIAL INSTRUCTIONS: Only those students who have been assigned a client or witness role for a particular problem should read the Special Instructions to the Client or Witness in that problem.
DRESS: Personal appearance is the lawyer's most eloquent language. A Chinese proverb tells us, "Talent counts thirty percent. Appearance counts seventy percent." About dress (1), you are the image you present to the world. This course is not a meticulous grooming or beauty contest, but to a jury you are, in part, what you wear. Now is a good time to decide how you wish to present yourself as a practitioner. Students performing the lawyer role in a simulated litigation problem should dress for the court/office, i.e., wear clothes you would wear if appearing in court or receiving a client in your office. As Oscar Wilde said, "It's only the shallow people who do not judge by appearance."
VIDEO RECORDING: Each of your performances during the semester, including all simulated litigation problems, the pretrial conference, and the mini-trial, will be video recorded and available by password (supplied in the first class) on STCL streaming video from any computer, customarily within 3 days. At the end of the course, provide Instructional Technology on the 2nd Floor with a blank DVD, and they will place your mini-trial and first ten weeks of performances on your DVD. As unpleasant as it may seem, try to read the critiques filed by your fellow students and then look at your recorded performances on streaming video regularly during the first ten weeks of the course. You will be amazed at the mistakes you can cure when they are pointed out to you and when you see yourself making them. You will be required to review all of your video recorded performances as part of your end-of-course self-evaluation.