Mock Trial, Assessment Example

a. Witnesses to be called: Pat Smith, Dr. Alex Richards, and Tyler Johnson

b. Direct Examination

a.1. Pat Smith: (after asking the witness to introduce him/herself to the jury/court)

a.1.1. Ms. Smith, could you please tell us why you are here to testify?

a.1.2. Could you please describe for us the things that the Gammas asked you to do?

a.1.2.1. Furthermore, could you elaborate more specifically on how the defendant, Chris Archer, participated in these acts?

a.1.3. Ms. Smith, could you describe the incident that occurred on Monday, November 17^th?

a.1.4. You stated that the Gammas did not allow you to go back to get your inhaler. In what way, specifically, did they prohibit you to go back?

a.1.4.1. Did you emphasize that you had a medical problem and that if you did not go back to retrieve your inhaler it could potentially result in a life threatening situation?

a.1.5. I understand that this may be difficult for you, but could you describe the incident that happened on the night of Saturday, November 22^nd that caused the death of your friend, Milan?

a.1.5.1. Were you aware of where Milan was running towards?

a.1.5.1.1. (Expected answer: clock tower) Did you hear the defendant caution her against climbing up the clock tower?

a.1.5.2. Can you identify the person who you saw push Milan off the ledge, if he/she happens to be in this courtroom? (expecting the witness to identify the defendant)

a.1.5.3. Did you see, with your own eyes, the defendant push your friend, Milan, off that clock tower?

b. Alex Richards

b.1. Can you introduce yourself and tell us about your profession and your relationship with Milan?

b.2. Did Milan ever exhibit any signs of someone who was depressed or had any intentions of committing suicide?

b.3. From the counseling sessions you had with Milan, do you believe that she was satisfied with her life?

b.4. Do you, from your professional experience, believe that Milan would be the type of person susceptible to social pressure and participate in dangerous hazing rituals as a result of this?

c. Tyler Johnson

c.1. Can you introduce yourself and describe for us your relationship with the defendant?

c.2. Please describe for us exactly what you saw on the night of the 22^nd.

c.2.1. Can you describe to us what exactly you heard the defendant whisper into Milan’s ears?

c.2.1.1. Are you absolutely sure that is what you heard?

c.2.2. Were you aware of where Milan was running towards?

c.2.2.1. (Expected answer: clock tower) Did you hear the defendant caution her against climbing up the clock tower?

c.3. You mentioned that the defendant suggested to Milan that to impress them, she should hang the Gamma flag on the top of the clock tower. Could you please describe this incident?

c.3.1. Did you sense that the defendant was being humorous about this statement or did you feel that this was a serious suggestion?

c. Cross Examination

a. Chris Archer (defendant)

a.1. Were you aware that on the night of Friday, November 22^nd, that Milan was intoxicated? (expected yes, make sure to lead witness to give an actual “yes”)

a.1.1. Did you or your fraternity engage in activities that encouraged underage students to drink?

a.1.1.1. (If no) Were you aware of underage fraternity pledges participating in parties and other fraternity-sponsored activities that involved drinking?

a.1.1.2. Were you aware of underage drinking occurring at any fraternity sponsored activities?

a.1.2. Were you aware that Milan was underage?

a.1.3. If you were aware that Milan was intoxicated, why did you continue to allow her to participate in potentially dangerous activities while her judgment was impaired?

a.2. You mentioned that you chased Milan to the clock tower. If you knew she was not headed towards the fraternity house as you had intended, why did you not tell her this?

a.2.1. (If answer is defendant did tell her) Then why was it not mentioned in your deposition/testimony?

a.2.2. So, I just want to clarify exactly what occurred that night. You knew that Milan was intoxicated and/or her judgment may have been impaired. You still allowed her to participate in the initiation/pledging activities that night. When you whispered in her ear that you wanted her to raise the flag on top of the fraternity house she began running, and you and other chased after her. However, despite knowing she was not going in the direction of the fraternity house, you did nothing to warn or stop her, am I correct?

a.2.3. And when you reached the clock tower, you chased her up. Why did you not do anything to stop her? Were you aware of what she was doing?

a.2.4. There are two witnesses here that are testifying against your account of what happened. Why do you believe that their story is so consistent with one another?

a.3. After the incident with Pat’s asthma attack, did you reconsider the effect of your challenges on the pledges? Did this come to mind when you saw Milan climbing up the clock tower?

a.4. You were chasing an intoxicated, possibly out-of-balance woman for a while before she reached the clock tower. Once you knew she was running towards the clock tower, why did you not prevent her from doing something you knew was dangerous? Were you just negligent about your responsibility for the safety of your pledges?

a.5. You also received an email from Dean Thomas about hazing. In the email he specifically singled you out, telling you that he did not want to hear complaints about Gamma. Why do you think that he especially referred to you in the email?

b. Dean Thomas

b.1. You sent a memo about hazing to Students of Columbus University on November 18, 1998. You also sent a separate email to Chris saying exactly “whatever you do, do not let me hear any complaints from pledges about Gamma!” Why did you specifically highlight Chris in this email?

b.2. In your deposition, you stated that “I would not be surprised if Milan jumped off the ledge because she could not measure up to the successes of her aunt.” Are you suggesting, despite Dr. Richards’ professional evaluation, that Milan committed suicide?

b.2.1. You also stated “if I had known that Milan was experiencing emotional problems…” Are you saying you were not aware that Milan was experiencing emotional problems?

b.2.1.1. Then why did you bring the allegation that Milan committed suicide in your deposition/testimony?

b.3. You stated that this is not the first time you received a complaint about the Gammas. Do you receive more complaints about the Gammas as compared to other fraternities/sororities? Did any of the complaints your recall involve the defendant, Chris, specifically? Could you describe these complaints to the best of your knowledge for us?

c. Jordan Mitchell

c.1. Please describe for us the “raising the flag” hazing tradition.

c.2. Was this tradition consistent with the facts surrounding what happened to Milan?

c.3. You stated that five falls occurred as a result. Would it be fair to say that this was a dangerous activity?

d. Evidence

d.1. Coroner’s report on Milan’s death

d.1.1. Fairly weak evidence but states the cause of death

b.2. Eyewitness testimony of Smith and Johnson identify the defendant as the murdered

b.2.1. This evidence is relatively strong

b.2.2. Testimony challenges defendant’s account of the event and is consistent with each other.

c. Testimony of Dr. Richards

c.1. Rules out suicide

c.2. Shows that Milan was likely pressured to do what she did

d.1. General note: given the evidence, it’s likely that it would be hard to convict the defendant of first or second degree murder but more likely for a case of hazing and manslaughter.