DLSS Witness Examination 2024

Deakin Law Students' Society Witness Examination Guide 2024

WITNESS EXAMINATION

What is Witness Examination?

The Witness Examination Competition is a simulation of a criminal trial where you will compete in teams of two. You will act for either the Prosecution or Defence, and are required to examine and cross examine two witnesses to gain their recollection of events.

Each team will take turns in examining witnesses in an attempt to adduce evidence.

The witnesses will be responding to the same set of facts that you are provided with, often leaving their responses vague.

It is your aim to frame the witness in a way that best supports your narrative, proving facts that reflect poorly on the opposition’s case and an advantage to your client’s version of events.

You cannot make up facts or assumptions, so think about the point you want to get across to the Court.

What are the benefits of competing?

It’s a fantastic opportunity to get involved with a competition relevant to your studies! The Evidence Law unit focuses on similar aspects that this competition also focuses on.

This competition is perfect for you if you are wanting to pursue a career in criminal law - you get to gain valuable experience in a criminal law competition!

Develops skills such as communication, critical thinking and problem solving which are skills not only needed in law school but also for your future career.

You get to pretend to be a hot-shot criminal lawyer! Can you ask the right questions and get the information you need?

You get to have fun! There is nothing better than objecting against the opposing counsel’s point (within reason of course!)

WITNESS EXAMINATION

Who is Involved in Witness Examination?

Prosecution

Defence

2x Witnesses

Judge

To examine the Defences' witness and their own witness for the detail of events

To examine the Prosecution's witness and their own witness for the detail of events

Two students who will know the fact scenario and act as the witnesses (one for prosecution, one for defence)

To ask any questions, provide teams with scores and assist as required The judge will make a decision as to whether an objection will be sustained or dismissed

Dates

WITNESS EXAMINATION

Structure of Competition

1. Opening by the Prosecution and Defence

Both the Prosecution and Defence will outline and signpost the facts, introduce the narrative that will be argued, and highlight the elements of the crime in contention. The Defence should focus on issues within the facts and how they cannot be proved beyond reasonable doubt.

2. Examination in Chief by the Prosecution

One member of the Prosecution will examine the Prosecution’s witness. The sequence of the facts will be discussed with the witness aiming to obtain evidence that supports the Prosecution’s narrative.

3. Cross Examination by the Defence

One member of the Defence will cross-examine the prosecution’s witness with the aim of undermining their credibility. It is important to ask questions that may highlight any inconsistencies with the witness. The goal is to have them concede to the narrative you are establishing rather than the other teams.

4. Examination in Chief by the Defence

The other member of the Defence will examine the Defence’s witness with the same intention outlined above.

5. Cross Examination by the Prosecution

The other team member of the Prosecution will cross-examine the Defence’s witness.

WITNESS EXAMINATION

Structure Continued

6. Closing Statements by the Prosecution and Defence

Both teams will summarise the evidence gathered in the examinations, highlighting the evidence strengthening their case while rebutting the evidence of the opposition’s case. The Prosecution should give a final summary of events, referencing the issue the Defence has focused on. The Defence should highlight the standard of proof and inconsistencies with the Prosecution’s witness and narrative.

Each team is allocated 20 minutes for the competition - split amongst the two speakers of the team at their discretion.

Total Competition Time: 45 minutes

Objections

There are five objections you can raise when the opposing counsel is questioning the witness.

Leading Hearsay Prejudice Relevance Opinion

Workload: Moderate

WITNESS EXAMINATION

Objections Explained

Relevance

Opposing team argues the evidence attempting to be adduced has no relevance to the determination of the crime. The judge will determine the relevance of the line of questioning.

For instance: "And after you went home, did you eat anything?" (where the consumption of food is not relevant to the factual scenario)

Opinion

Witnesses cannot draw inferences from the facts provided. They must only provide their direct observations. The opposing team may object when the witness provides their opinion in facts, rather than simply saying what happened.

For instance the witness says: "I think because A was intoxicated, she decided to attack B"

Hearsay

Where the examination is encouraging evidence of a previous representation made outside of court. For instance, a person telling a witness that a certain fact occurred. This is not admissible.

Example: The witness says: "A told me that B was the one who committed the crime"

WITNESS EXAMINATION

Objections Explained

Leading

Leading questions cannot be asked in the Examinations in Chief. A leading question is one that ‘leads’ a witness towards an answer or suggest an answer.

For instance: "You locked the door, didn't you?"

Instead try: "Was the door locked?"

Prejudice

Opposing team may object to evidence that will have a detrimental effect on the perception of the accused.

The probative value of the evidence should be considered; does it outweigh its prejudice?

Dealing with Objections

The judge will determine whether the objection is sustained or overruled.

To object, you should stand and interject with "Objection (reason)"

If questioned why you objected - provide a simple explanation. The judge may ask further questions (this does not mean your objection was wrong, rather they want to understand your thinking)

If objection sustained - you should move on by rephrasing the question if appropriate

If objection overruled - the team can resume asking the question

WITNESS EXAMINATION

How to Prepare

1. Research

Research the type of crime in the fact scenario and its elements. If you are the Prosecution, ensure that you are meeting the standard of proof. If you are the Defence, know how to rebut the contentious elements.

2. Know your Case

Know and rehearse what you are going to say in your opening and closing statements; they can be essential to signposting and making your arguments clear.

3. Opposing Arguments

Identify any potential arguments and questions the opposing team may ask to weaken your case. How can you ensure this does not happen?

4. Be Prepared

Discuss and plan with your teammate which questions you plan to ask the witnesses and what line of questioning the opposing team is likely to pursue.

Make sure you know all the types of objections and plan with your teammate to potentially bring them up, this also shows your confidence in the proceedings and knowledge of the procedure.

It is a good idea to bring paper to take notes on during the opposing team’s questioning so you and your teammate may add any questions to clarify or bring up in addition to the ones you have planned.

5. Rehearse

Make sure you rehearse and know your case! Practise with each other and be confident.

6. Questions

Make sure your questions are written and asked in a way that makes it hard for the other team to object. So avoid leading questions at all costs!

WITNESS EXAMINATION

What am I marked on?

Opening Address (5 points)

Examination-In-Chief (15 points)

Cross-examination (15 points)

Closing Address (5 points)

Manner and Expression (10 points)

Total: 50 points

Any more questions?

You can find Frequently Asked Questions such as:

What do I wear? How do I verbally cite cases?

See the General Competition Handbook available at deakinslss.org

Any other questions to director-competitions@deakinlss.org

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Thank You!

WE WISH YOU LUCK ON YOUR COMPETITION ENDEAVOURS SHOULD YOU WISH TO COMPETE IN 2024.

PLEASE FEEL FREE TO REACH OUT TO OUR TEAM IF YOU HAVE ANY QUESTIONS, CONCERNS OR QUERIES AT DIRECTOR-COMPETITIONS@DEAKINLSS.ORG