S. Trial Practice

This course will use a combination of lecture, demonstration, and student simulations to learn about the fundamental principles and skills for client centered trial advocacy, from the inception of a case through trial and sentencing for both prosecution and defense. The course will in part use a case problem and cover topics such as theme & theory, arraignments & bail advocacy, discovery issues, motions in limine, jury selection, opening statements, witness direct and cross examinations, evidentiary foundations & objections, expert qualifications & voir dire, closing arguments, and sentencing. Throughout the course will also analyze substantive criminal law and statutory criminal procedural authority in conjunction with the applicable advocacy skill at every stage of preparing a case, trial and sentencing. Every class will include either an experiential exercise or an evaluated simulation. After the benefit of lecture and demonstration in class, students will have time to prepare for and deliver the assigned simulations in the following class. The simulations will include: a bail argument, a motion in limine to use or preclude the accused’s prior convictions at trial, opening statement, direct & cross examinations, and closing arguments, for a total of six in class simulations. The experiential exercises will include discovery arguments, laying the foundation for evidence, objections, expert witness qualification and voir dire, and sentencing. Students will be assigned to either the prosecution or defense for the simulations, which will utilize the case problem.