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Changes aim to make trials less adversarial

In response to concern over the adversarial nature of honor trials, the Honor Committee passed several changes to the trial format at a Nov. 2 meeting.

Last weekend's honor trials used a new trial room set-up that gave the witness a table, moved counsel tables to the side of the room, and required each side's counsel to sit while questioning witnesses. In addition, next weekend's trials will involve changes in trial procedure.

The reforms were proposed by an ad-hoc committee created to review the so-called confrontational nature of honor trials.

"Counsels were taking more of an adversarial role in the trial," said Jason van Sant, co-chair of the adversarial ad-hoc committee. "We wanted to gather more jury involvement in the trial process by asking questions, to essentially reduce the adversarial issues with counsel."

Many witnesses felt uncomfortable testifying, according to van Sant. In the original set-up, witnesses sat in a chair in the middle of the room, facing the jury.

"It set them up to feel very weak, just having a chair sitting in front of 12 jurors," van Sant said. "It had to have been extremely uncomfortable."

The Committee also considered reports that many witnesses objected to the way counsels were questioning them. According to Honor Chair Carey Mignerey, a counsel's job differs from a lawyer's.

"The counsel's primary object is representing their case in the interest of the pursuit of the truth," Mignerey said.

The Committee also recommended several changes designed to increase active juror participation and limit counsel questioning. The change in juror involvement is designed to decrease the adversarial nature of the trials, Vice Chair for Trials Brad Robinson said.

"We tried to empower the jury panels to be able to be more informed and feel more comfortable asking questions," Robinson said.

Starting next weekend, juries will have more time to review evidence before each trial. The trial chair's opening statement will include not just the basic facts of the case but also the main points of contention of each side. Before questioning a witness, counsels will ask the witness to give an opening statement if they have one.

During the rest of the semester, the committee also will work on juror training and counsel feedback and evaluation in order to encourage juror participation, according to Mignerey.

Results from last weekend's trials were mostly positive, Mignerey said.

"It seemed that witnesses felt more comfortable when counsels were farther away," Mignerey said.

Honor Committee Senior Council Sara Page said she supported the structural changes, but added that she and other counsels would prefer to stand, not sit, behind their table during questioning.

"It's helpful to be standing," Page said. "You can speak more clearly, and it's a more formal speaking role."

Mignerey added that previous sessions of the Honor Committee have dealt with the adversarial issue and that the committee would continue to evaluate how well changes were working.

"The ultimate objective is to reduce the adversarial nature of the trials," Mignerey said.

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