Mock Tr ia l                                

 Name:

Unit Guide Lisa Joye

IHS Literature and the Arts 2017

 

Table of Contents

Resources and Materials for Preparing for Trial

The Drawbridge

The Drawbridge Pre-Writing Assignment

Role Request Form

Overview of Mock Trial

Techniques of Persuasion

Justice System Take Home Quiz

Definitions of Homicide

Glossary of Trial Terms

Common Objections

Courtroom Behavior

Presenting Opening and Closing Statements

Using Evidence in Your Case

How to Be An Effective Member of the Jury

Participation Rubric

Letter Four (persuasive writing)

Self-Reflection / Parent Feedback Sheet

**Several In-class and take home assignments leading up to trial will be added to your packet and compiled into your planning work grade. These assignments will depend on your role in the trial (assignments such as the Theory of the Case and Case File Note-Taking Guide)

Grading (270 pts) 10 points are awarded for the Justice System Take Home Quiz 50 points are awarded for team performance in planning and trial 50 points are awarded for individual participation in planning and preparation (peer evaluated) 50 points awarded for the individual role note-taking and planning work 50 points are awarded for jury participation including trial notes 50 points are awarded for persuasive writing (Letter 4) 10 points are awarded for the Self -Reflection / Parent Feedback Sheet

The Drawbridge

As  he  left  for  a  visit  to  his  outlying  districts,  the  jealous  baron  warned  his  pretty  

wife:  “Do  not  leave  the  castle  while  I  am  gone,  or  I  will  punish  you  severely  when  I  return!”  

  But  as  the  hours  passed,  the  young  baroness  grew  lonely,  and  despite  her  husband’s  

warnings  she  decided  to  visit  her  lover,  who  lived  in  the  countryside  nearby.  

  The  castle  was  situated  on  an  island  in  a  wide,  fast-­‐flowing  river.  A  drawbridge  

linked  the  island  to  the  mainland  at  the  narrowest  point  in  the  river.  “Surely  my  husband  

will  not  return  before  dawn,”  she  thought,  and  ordered  her  servants  to  lower  the  

drawbridge  and  leave  it  down  until  she  returned.  

  After  spending  several  pleasant  hours  with  her  lover,  the  baroness  returned  to  the  

drawbridge,  only  to  find  it  blocked  by  a  gateman,  wildly  waving  a  long,  cruel  knife.  “Do  not  

attempt  to  cross  this  bridge,  Baroness,  or  I  will  have  to  kill  you!”  he  cried.  “The  baron  

ordered  me  to  do  so.”  

  Fearing  for  her  life,  the  baroness  returned  to  her  lover  and  asked  him  for  help.  “Our  

relationship  is  only  a  sexual  one,”  he  said.  “I  will  not  help  you.”  

  The  baroness  then  sought  out  a  boatman  on  the  river,  explained  her  plight  to  him,  

and  asked  him  to  take  her  across  the  river  in  his  boat.  “I  will  do  it,  but  only  if  you  can  pay  

my  fee  of  five  marks,”  he  said.  

  “But  I  have  no  money  with  me!”  the  baroness  protested.  

  “That  is  too  bad.  No  money,  no  ride,”  the  boatman  said  flatly.  

  Her  fear  growing,  the  baroness  ran  crying  to  the  home  of  a  friend,  and  after  

explaining  her  desperate  situation,  begged  for  enough  money  to  pay  the  boatman  his  fee.  

“If  you  had  not  disobeyed  your  husband,  this  would  not  have  happened,”  the  friend  said.  “I  

will  give  you  no  money.”  

  With  dawn  approaching  and  her  last  resource  exhausted,  the  baroness  returned  to  

the  bridge  in  desperation,  attempted  to  cross  to  the  castle  on  her  own,  and  was  slain  by  the  

gateman.  

 

 

 

The Drawbridge-Pre-Writing Activity

Directions:  After  reading  the  story,  complete  the  chart  below  to  help  you  decide  which  character  you  want  to  argue  is  MOST  to  blame  for  the  baroness’s  death.    Consider  each  character’s  involvement  in  the  death  of  the  baroness  and  decide  who  you  think  is  most  responsible.  Using  the  chart  below,  rank  the  characters  from  1  to  6  (1  is  the  MOST  responsible,  2  is  the  NEXT  MOST  responsible…6  is  the  LEAST  responsible).  Write  your  responses  in  the  “Ranking”  column.  After  each  ranking,  provide  a  brief  rationale  to  justify  your  decision.      Characters  

 Ranking   Rationale  

   

Baron      

   

   

Baroness      

   

   

Boatman      

   

   

Gateman      

   

   

Friend      

   

   

Lover      

   

   

 

Descr ipt ion o f Roles for Tr ia l  

Read  over  the  descriptions  of  the  roles  and  responsibilities  for  the  mock  trial.  Then,  rank  your  top  (3)  choices  in  order  from  your  first  choice  (1)  to  your  third  choice  (3).  Make  sure  you  specify  if  you  want  to  be  on  the  prosecution  or  defense.  I  will  make  every  possible  effort  to  assign  you  one  of  your  top  preferences.      Lead  Attorney:  Works  in  a  team  of  (3)  attorneys  to  plan  trial  strategy,  work  with  evidence,  help  prepare  witness  testimony,  question  your  team’s  witnesses,  assist  in  planning  for  cross-­‐examinations,  and  cooperatively  write  and  deliver  opening  statement  and  closing  statement.  Ideally  able  to  meet  and  work  with  other  attorneys  over  winter  break.    Assistant  Attorney:  Works  in  a  team  of  (3)  attorneys  to  help  plan  trial  strategy,  work  with  evidence,  help  prepare  witness  testimony,  and  help  write  opening  and  closing  statements.  Ideally  able  to  meet  and  work  with  other  attorneys  over  winter  break.    Witnesses—your  team  will  need  at  least  (6)  witnesses  during  the  course  of  your  trial.  Some  witnesses  will  play  large  roles,  and  others  will  play  more  minor  parts.,  but  all  are  important  to  the  outcome  of  the  trial.  If  you  are  a  witness,  then  you  will  also  be  responsible  for  cross-­‐examining  a  witness  for  the  opposing  side  during  the  trial.  The  defense  can  also  call  the  defendant  to  the  stand  as  a  witness  in  the  trial,  so  someone  might  have  to  play  the  actual  defendant.    

 Mock Trial Request Form

Please rank your top 3 choices from “1” to “3”. A “1” indicates your greatest preference.

 Name: _____________________________________________Section_________________________ Prosecution Attorney Defense Attorney Witness for the Prosecution Witness for the Defense Prosecution Assistant Attorney The Defendant Defense Assistant Attorney My  top  three  choices  are:     1.  __________________________________________________               2.  __________________________________________________             3.  __________________________________________________     Your role assigned by the teacher is:________________________________________________

Overview of the Mock Trial

“Persuasion is often more effectual than force.” – Aesop Goals: To learn why persuasion is a powerful technique for crafting an argument. Overview: Over the next several weeks, the class will participate in two mock trials with two selected cases. There will be a variety of roles and outcomes in this unit, and it will take attentiveness, responsibility and cooperation to pull it off. Everyone will have a different part to play. In each trial, some students will be the “Defense,” others the “Prosecution,” and everyone will get the chance to serve on the “Jury.” I will appoint certain positions, but others will be elected within groups. Each role has different responsibilities throughout the coming weeks and they will be outlined for you. The success of each case depends on EVERY person’s commitment and enthusiastic participation! Objectives: Students will achieve the following:

• Gain an understanding of how an actual criminal trial in the U.S. is conducted • Analyze the pros and cons of a jury of peers vs. a judge deciding a person’s fate • Become knowledgeable on their specific role within a trial • Understand how to use ethical, rational, and emotional appeals • Learn how to research, interview, and write key questions • Learn how to write opening and closing statements • Practice negotiation skills • Practice listening and note-taking skills • Investigate, study, apply and practice the art of debate • Learn cooperation with peers • Learn proper time management • Write a persuasive essay demonstrating the use of rational, ethical, and

emotional appeals • Learn honesty, integrity and assessment

Words Can Inspire. Words Can Destroy. Choose Yours Well.

The Defense and Prosecution

The defense and the prosecution are the driving forces behind every memorable trial. It is not only up to you to meet the following requirements but to conduct them with the utmost efficiency and professionalism. The following are guidelines and requirements for you to follow in order.

1. break down the case at hand and assign roles such as an accused (for defense), experts, witnesses, researchers, etc.

2. create a timeline of events 3. organize facts and needed information to win the case 4. must have a minimum of 6 witnesses 5. decide on witnesses, experts and order of appearance for trial 6. must write an opening and closing statement 7. must organize your witnesses and questions to prove case (research may be

needed) 8. must organize questions to ask the opposing witnesses 9. must practice question and answer technique and witness prompting

- The Burden o f Proof -

The burden of proof is on the prosecution’s shoulders, and it is the amount of evidence offered to the court that a judge or jury could reasonably believe. It is the responsibility of the prosecution in a criminal case to prove the facts at a certain level of certainty in order to find the defendant guilty in a criminal case. In a criminal case the prosecution must prove its case “beyond a reasonable doubt” in order to find the defendant guilty. This is not 100% certainty but it is close. There should be no reasonable doubt in the judge or jurors’ mind in order to find the defendant guilty. Note that the defendant does not have to prove his or her innocence. The entire burden is on the prosecution representing the State to prove the guilt of the defendant. In the US, the defendant also does not have to testify or present any witnesses. The attorney for the defendant at the end of the prosecution’s last witness could simply tell the judge “we have no witnesses.” Closing arguments would follow and the defense attorney would highlight all the faults in the prosecution case creating as much doubt as possible.

The Jury

The jury will not have background on the case at hand. As a jury member, please focus on what makes a quality juror. Your job during the trial is one of the utmost importance since, as a jury member, you will be deciding the fate of the defendant. When you’re not trying your case, you will be on the jury!  Grading: The highest grade automatically goes to the legal team who has won their case by proving themselves the most persuasive team. The Jury will be ranking the opening and closing statements, and each witnesses testimony on their use of the 3 appeals and overall persuasiveness. The team with the best overall persuasive technique will win! If the most persuasive team also wins their case, they will receive 10 extra credit points each. The actual letter grade is determined by the teacher based on the performance of each legal team. The winning legal team is merely guaranteed the higher grade, not guaranteed an A performance. It is certainly possible for BOTH teams to earn an A on this project—if they are both outstanding!

To receive an A your team must be complete the following:

v be well organized v have witnesses show up as scheduled v legal team is in character and dressed-up every day of trial v meets deadlines for witness questions, evidence, final witness list, and opening

and closing statements v works well within a cooperative team atmosphere v uses rational, ethical, and emotional appeals in opening and closing

statements as well as in witness testimony **Honest and integrity are crucial for the success of this project. Anyone not demonstrating these qualities (i.e. sharing strategy with the opposing side, releasing information to the jury, bribing or threatening jury members, etc) will result in a failing grade. This could be on an individual or group basis, based on the judge’s discretion.**

A good resource: mocktrialblog.com

A Mock Trial Blog for High School Students

Persuas ion i s Not a S c ience But an Art

Techniques of Persuasion When preparing a persuasive speech, you need to consider both matter (what you are going to say) and manner (how you are going to say it).

The Three Appeals of Argument

Aristotle postulated three argumentative appeals: logical, ethical, and emotional. Strong arguments have a balance of all of three, though logical (logos) is essential for a strong, valid argument. Appeals, however, can also be misused, creating arguments that are not credible. Logical Appeal (logos) Logical appeal is the strategic use of logic, claims, and evidence to convince an audience of a certain point. When used correctly, logical appeal contains the following elements...

• Strong, clear claims • Reasonable qualifiers for claims • Warrants that are valid • Clear reasons for claims • Strong evidence (facts, statistics, personal experience, expert authority, interviews,

observations, anecdotes) • Acknowledgement of the opposition

Ethical Appeal (ethos) Ethical appeal is used to establish the writer as fair, open-minded, honest, and knowledgeable about the subject matter. The writer creates a sense of him or herself as trustworthy and credible.

When used correctly, the writer is seen as...

• Well-informed about the topic • Confident in his or her position • Sincere and honest • Understanding of the reader's concerns and possible objections • Humane and considerate

Emotional Appeal (pathos) Not surprisingly, emotional appeals target the emotions of the reader to create some kind of connection with the writer. Since humans are in many ways emotional creatures, pathos can be a very powerful strategy in argument. For this same reason, however, emotional appeal is often misused...sometimes to intentionally mislead readers or to hide an argument that is weak in logical appeal. A lot of visual appeal is emotional in nature (think of advertisements, with their powerful imagery, colors, fonts, and symbols). When done well, emotional appeals...

• Reinforce logical arguments • Use diction and imagery to create a bond with the reader in a human way • Appeal to idealism, beauty, humor, nostalgia, or pity (or other emotions) in a balanced way

Justice System Take-Home Quiz

Directions: Find the correct answers to the following questions by conducting research into our American justice system. Be ready to discuss and share your answers in our next class.

1. How are people selected for jury duty?

2. How many people are on a jury?

3. For a person to be convicted of a crime in a criminal court proceeding, how many jurors must vote guilty?

4. Who presides over the courtroom and what is his/her role?

5. When does a judge use the terms “sustained” and “overruled”?

6. What is the defense attorney’s job?

7. What is the prosecuting attorney’s job?

8. What are “exhibits” used for in a trial?

9. What is the role of the expert witness in a jury trial?

10. What is the difference between “direct examination” and “cross examination” of a witness?

11. What does a “hung jury” mean?

12. What is mistrial? What is the next step if a mistrial is declared?

13. Can you be prosecuted for the same crime twice? What is this rule called?

14. What is a civil trial used for?

15. In a civil trial, how many jurors must agree on a verdict?

16. What does the term “contempt of court” mean? What is an example of someone who would be in contempt of court?

17. What does the term “reasonable doubt” mean in a criminal trial?

J Homicide: the unlawful killing of a human being • Justifiable Homicide: killing someone in self defense • Excusable Homicide: killing someone accidentally or by plea of insanity • Criminal Homicide: all other homicides Four types of Criminal Homicide: ü Involuntary Manslaughter: the killing of another person unintentionally or recklessly (ex.

reckless driving) -Maximum sentence 10 years, usually sentenced to 3-4 years at most in addition to parole/probation

ü Voluntary Manslaughter: intentional killing under provocation (ex. a fight), in the heat of

passion (you catch your husband in bed w/another woman), or if you act under the idea of self-defense when it really is not a case of self-defense - Maximum sentence 25 years, usually serve 10-15 years in addition to parole/probation

ü Second Degree Murder: intentional killing of another when the death is the result of an act that

would cause serious bodily injury, or during the act of a non-violent felony - Usually sentenced from 25 years to life, no probation, just parole.

ü First Degree Murder/Capitol Murder: pre-meditated (planned out, must be able to prove

planning and intent) or during the act of a violent felony -Usually sentenced to life in prison or death, no probation, and usually no ability to be paroled.

Need to PROVE the following: • Involuntary Manslaughter: (the defendant committed the act and he/she should have known

better, but didn’t) • Voluntary Manslaughter; (the defendant committed the act, and he/she knew better, but acted

anyway) • Second Degree Murder: (the defendant committed the act, and he/she intended to commit the

crime) • First Degree Murder: (the defendant committed the act, and he/she pre-meditated the crime and

intended to commit the crime

Definitions of Homicide

Glossary of Trial Terms accessory One who aids or contributes in a secondary way or assists in or contributes to crime as a subordinate. accused The person against whom a criminal proceeding is initiated. allegation A criminal accusation that has not been proven. aid and abet To actively, knowingly, intentionally, or purposefully encourage or assist another individual in the commission or attempted commission of a crime. contempt of court An act or omission tending to obstruct or interfere with the orderly administration of justice, or to impair the dignity of the court or respect for its authority. cross examination The questioning of a witness by a lawyer other the one who called the witness, concerning matters about which the witness has testified during direct testimony. evidence Proof; Witnesses’ statements or physical objects presented at a trial to prove something is true or happened. expert witness A witness having special knowledge of the subject about which he or she is to testify. examination The questioning of a witness by a lawyer at a trial or deposition. When the lawyer who called the witness to the stand questions the witness, the examination is direct. When the opposing lawyer is questioning, it is cross examination. hearsay Evidence that a witness has heard from someone else. leading question A question posed by a trial lawyer that is ordinarily improper on direct examination because it suggest to the witness the answer he or she is to deliver, or in effect prompts the answer that is to be given irrespective of actual memory. Leading questions may be asked on cross-examination and when a witness is hostile to the party examining him or her. objection A procedure whereby an attorney asserts that a particular witness, a line of questioning, piece of evidence, or other matter is improper and should not be continued, and asks the court to rule on its impropriety or illegality. overrule Applies to a court’s denial of any motion or point raised to the court, such as “objection overruled.” prosecution The attorney who files a lawsuit on behalf of the state against a defendant in a criminal trial. rebuttal The presentation of facts to a court, demonstrating that the testimony of a witness or evidence presented by the opposing party is not true. sustain To support or approve. A judge may “sustain” an objection

Common Objections Used by Attorneys During Questioning Objection, Your Honor, IRRELEVANT TESTIMONY: the witness is being asked a question that calls for an answer, which has nothing to do with the alleged crime. Objection, Your Honor, BADGERING THE WITNESS: the attorney is deliberately harassing, annoying, provoking, or otherwise exhibiting hostile behavior toward a witness. Objection, Your Honor, LACKS EXPERTISE or NOT QUALIFIED: the witness is not qualified to answer a question. An auto mechanic would not, for example, be able to testify to the exact cause of death in a murder case. Objection, Your Honor, COACHING or LEADING THE WITNESS: It is objection-able to ask leading questions to a witness under direct testimony. It is permitted, however, under cross-examination to ask leading questions like: “Isn’t it true, Mr. Smith, that you were in the mob on the evening of the murder?” Objection, Your Honor, CALLS FOR A CONCLUSION: It is objectionable to ask a witness to make a conclusion while giving testimony. Conclusions are for the jury after hearing all the evidence. Objection, Your Honor, HEARSAY EVIDENCE: It is normally objectionable for a witness to testify about something he or she heard secondhand. If, for example, a witness’s statement as to what he or she heard another person say is elicited to prove the truth of what that other person said, it is hearsay; if, however, it is elicited to merely show that the words were spoken, it is not hearsay. The witness’s answer will be admissible only to show that the other person spoke certain words and not to show the truth of what the other person said.

Judges Reactions to Objections

OBJECTION OVERRULED The objection raised by the attorney is not valid and the trial may proceed. OBJECTION SUSTAINED The objection raised by the attorney is valid and the jury should disregard the question and/or answer. The attorney may be asked to either “rephrase his question” “proceed with a different line of questioning.” The judge may also explain why the objection was “overruled” or “sustained,” but according to the law, it is not necessary.  

Courtroom Behavior It is extremely important to be polite and show extreme courtesy towards the judge. The role of the judge in mock trials is to preside (make rulings on the procedures and objections) and to evaluate the performance of each participant. Students should remember that this role is the most important one in the courtroom, and act accordingly. Refer to the judge as "Your Honor." Accept any decision of the judge gracefully and politely, even if it is not in your favor. Courtroom etiquette also requires that you act courteously toward the opposing team before, during, and after the trial. Be sure to shake hands and congratulate the other team on their performance. Be prepared to deal with the unpredictable, should something arise for which you are totally unprepared. If you are concerned that the rules may be violated, ask for a bench conference and be prepared to explain your concern. Always maintain your composure, even if you feel that the rug has just been pulled out from under you. (The movie, "Suspect" may be a good example for students of how unpredictable things in a trial may be.) Emotions are not banned from the courtroom, however they must be controlled emotions. It is okay (and may indeed even be part of your strategy) to be appropriately angry, indignant, puzzled, etc., but uncontrolled outbursts or wild theatrics are frowned upon by judges and may harm your case. Be sure to dress appropriately and remember to avoid wearing a hat or eating (including gum chewing) while in the courtroom.

Advice for Student Witnesses Witnesses play a key role on the mock trial teams. While many students may consider the attorneys roles as more important, mock trial judges report that their decision depends as much on the witness' performances as on those of the attorneys. Many a trial has been won or lost on the witness stand.

• Familiarize yourself thoroughly with the case materials. Know what you should testify to and what other witnesses know. Witnesses may not use notes while being questioned.

• Do not try to memorize what you will say in court, but try to recall what you observed at the time of the incident (i.e., play the role as if you are the person whose identity you are assuming). You must establish your credibility as a witness by accurately portraying the character. Demonstrate knowledge and understanding of the person (both their strengths and weaknesses).

• Go over your testimony repeatedly with your attorneys. Have them cross-examine you on the weaknesses in your testimony. Be prepared to handle hostile questions.

• You are not allowed to make up testimony on direct examination. If asked a question during cross-examination to which the case materials supply no answer, you may make up an answer, which will not be inconsistent with your previous testimony.

• Listen carefully to the questions. Before you answer, make sure you understand what was asked. If you do not understand, ask that a question be repeated. If you realize that you answered a question incorrectly, ask the judge if you may correct your answer.

• When answering questions, speak clearly so you will be heard. The judge must hear and record your answer; therefore, do not respond by shaking your head "yes" or "no."

• Do not give your personal opinion or conclusions when answering questions unless specifically asked. Give only the facts as you know them, without guessing or speculating. If you do not know, say so.

• Be polite while answering questions. Do not lose your temper with the attorney questioning you. Remember that you are there to tell what you know, and not necessarily to be an advocate for your side.

• Always be courteous to witnesses, other attorneys, and the judge. • Always stand when the judge enters or leaves the room. Always say "Yes, Your Honor" or

"No, Your Honor" when answering a question from the judge.

Advice in Preparing:

§ Know the questions that your side's attorney will ask and prepare clear and convincing answers that contain the information that the attorney is trying to elicit from your testimony.

§ Practice with the attorney. Advice in Presenting:

§ Be as relaxed and in control as possible. An appearance of confidence and trustworthiness is important.

§ Be sure that your testimony is never inconsistent with the facts set forth in your witness statement (or affidavit).

§ Don't panic if the attorney or judge asks you a question you haven't rehearsed. Cross-Examination Advice in Preparing:

§ Anticipate what you will be asked on cross-examination and prepare answers accordingly. In other words, isolate all the possible weaknesses, inconsistencies, and problems in your testimony, and be prepared to explain them.

§ Practice. Advice in Presenting:

§ Be as relaxed and in control as possible. An appearance of confidence and truthfulness is important.

§ Don't read or recite your witness statement word for word. § Cross-examination can be tough, so don't get flustered. § Your job as a witness is to tell the truth, as you know it, about what happened.

It is not your job to be an "advocate" for your side or to argue with opposing counsel.

Presenting opening and closing statements Since these are extemporaneous speeches, attorneys should employ effective speech-making techniques:

• Organize any materials before beginning.

• Rise slowly.

• With confidence, walk slowly yet deliberately to the podium or the area from which you will

deliver the speech.

• Get your body ready by assuming a good speech-making posture. Your feet should be set

apart a bit and your weight balanced on the balls of your feet.

• Before your first word, look the jury directly in the eyes and then begin to speak directly to

them.

• Try for a conversational tone to your voice. Speak to the jury in a clear voice that is slow

enough and loud enough for the jury to follow your ideas without straining.

• Avoid using slang. Always use your best vocabulary.

• Use variety in your delivery. You can emphasize major points in several different ways, i.e.,

pause before an important idea; raise your volume slightly to accentuate an important idea;

or slow down to draw attention to an important idea.

• If you concentrate on communicating directly to the jury, gestures should be no problem.

Natural gestures are always good to emphasize ideas. They will come instinctively if your

focus is on talking to the jury. Don't force gestures and always avoid repetitive or

unnecessary gestures.

• Movement is often dictated by the courtroom situation. In cases where there is no podium,

or if you choose not to use a podium, well-timed movement can help punctuate a point or

help you release nervous energy. Be sure not to pace. Keep your focus on directing the

speech to the jury.

• Never move so that you are in front of the opposing counsel's table. This applies when

giving openings/closings and when you're questioning a witness. Opposing counsel may

object on the grounds that you are obstructing their view.

• When you have concluded your speech, say "Thank you, Your Honor," while looking

directly at the judge. Pause briefly and then take your seat. Show no signs of relief and don't

immediately turn to speak to co-counsel. Always maintain that aura of poise and confidence.

SCRIPTED OPENING STATEMENT

“Thank you, your honor.” “This is a case about...

• taking chances.” • success at whatever cost is at the heart of our tragic story” (for the plaintiff). • the pounding of feet, the rush of breaking the tape at the finish line, this is what

Jordan Simon lived for and he chose to win at any cost.” (for the defense)

--Start and end with a phrase that summarizes your theme and makes a strong first impression. Reference that theme at the end of your opening statement as well, to leave a lasting picture in the jurors’ minds. “May it please the court, my name is ________________ and I will give the opening statement for my client ___________________.” “This case involves (summary or overview of key facts that are important to your side of the case in an organized, simple, chronological way).” --Retell the story in a way that will be simple to remember and interesting to the listeners. You are a story teller with a message! “We will call three witnesses to support our position that _________. Our first witness will be ____________, who will tell you that_____________. He/she will (explain, summarize, describe) ______________. This testimony will support our position that ______________ by (make the connection of the witness to the theory of the case and what you intend to show during the trial). The next witness we will call is _____________. (continue to describe witnesses). Through these witnesses we will show that (describe the elements of the law and how it applies to your case). At the end of the trial we are certain that you will decide that (state what you want the judge and/or jury to consider in deciding in your favor). --State the elements of the law, which you will aim to prove. Separate the elements if there are several of them and define them in clear language or give examples. (first degree, second degree, voluntary manslaughter, involuntary manslaughter, etc. You cannot enter a plea of not guilty for this particular trial). --Remember to:

• Demonstrate your enthusiasm, confidence and integrity through your tone of voice, demeanor and delivery

• Be a storyteller, describing actions vividly, and using emotions and drama where appropriate • Describe your client to the jury in a way that creates empathy for his/her situation • Avoid arguing or stating personal opinions • Anticipate and explain potential weaknesses in your case • Try to avoid using any notes when you deliver your opening statement. NEVER read the

entire opening statement. At most, take one sheet listing the major points you want to cover. The more eye contact you make with the jurors, the more compelling and persuasive your opening statement will be.

Using Evidence in your Case

The Basics:

Ø All evidence you want to refer to during the trial must be created by your team AND approved by your opposing team.

Ø Evidence will be examined by the judge for relevancy to the case first.

Ø Evidence can ONLY be rejected by an opposing team because it does not agree with the stipulated facts of the case from the case file.

Ø ALL EVIDENCE MUST BE SHARED AND APPROVED BY:

No Exceptions!! The Process:

• Create your evidence (document, receipt, certificate, photograph, record, etc) and finalize all details—make sure it is EXACTLY how you want it to appear for trial.

• Bring the piece of evidence to the judge for examination first—she will take it to the opposing side for approval.

• If evidence is approved, a second copy will be made for the other team to have in their case

file.

• If evidence is not approved for a valid reason, the judge will return the evidence to the original team for revision or reconsideration.

• You may create up to (3) pieces of evidence for approval.

• One team MUST create a diagram of the crime scene.

• The day before your trial begins, the judge will make a third copy of all pieces of evidence to

use in trial for the jury to see as needed.

• Each side should keep a separate folder of evidence for reference during trial as well.

HOW TO BE AN EFFECTIVE MEMBER OF THE JURY  In order to do an effective job as a jury member, you must strive to be as objective as possible. It does not matter if you like the defendant or not, if you like one side’s attorneys better than the other, or if you sympathize with a victim in the case. It is your task to decide the FACTS. The attorneys from both sides will explain the case from their point of view, but it is what the witnesses say—the evidence presented—that should determine who you feel is the most persuasive. You must listen carefully to all the evidence presented, especially under direct examination. You must determine wither they are telling the truth, lying, or simply not contributing anything relevant to the case. Pay careful attention to “expert witnesses” as they may explain technical elements of the case important to your understanding of what happened. When all the evidence has been presented, the judge will ask you to retire to the jury chamber and consider a verdict. As you enter the jury room, the judge will collected your notes on opening and closing statements and witness testimony. The scores will be tabulated and the winning team will be the most persuasive team. The jury will however deliberate as a real jury would and you will be required to reach a verdict in the case. The judge will remind you at this time that the “burden of proof” is on the prosecution; a person is considered innocent until proven guilty “beyond a reasonable doubt.” You should try to reach a vote of “guilty” or “not guilty” by consensus (everyone agrees). Remember, a jury never declares anyone “innocent,” only NOT GUILTY. You may even believe the defendant is guilty but there is not enough evidence to convict—in which case, you should find them “not guilty.” A “hung jury” is when you cannot reach an agreement by consensus. The judge may permit the trial to end this way, or may force you to make a decision or face serious consequences. When you have decided on your verdict, the jury will return to the courtroom. The jury foreman (to be appointed by judge) will read the verdict to the court. The jury’s verdict is final. You can and should use these notes when the jury retires to deliberate a verdict.              

Participation Required for Mock Trial Attendance

• Student is present for every class and planning day, or makes appropriate arrangements to catch up and complete work outside of class

• Student is present for all days of trial

Completion of Assigned Tasks

• Student enthusiastically volunteers or agrees to complete important tasks for the trial • Student completes those tasks thoroughly, efficiently, and on time

Work Load

• Student takes on a fair share of the work for the trial, including participating in strategic conversations and actual creation of trial materials

Group Membership

• Student shows respect for all group members and their ideas, positively affecting group morale, and works cooperatively with all members of the group

Performance During Trial

• Student’s performance in trial is obviously well prepared, researched, and rehearsed

• Student’s performance is engaging, energetic, and thoughtful

• Student testimony is PERSUASIVE and uses all 3 persuasive techniques (logical, ethical, emotional)

                         

Mock Trial Project Rubric Names of Group Members:

Level of Achievement

Assessment Criteria

Poor

(2 points)

Average

(4 points)

Good

(6 points)

Very Good

(8 points)

Excellent

(10 points)

Team was well

organized, prompt, and ready to present

every day of trial

Entire team came

prepared in appropriate dress or

costume and ready to perform in individual

roles

Team met deadlines for evidence, witness

lists, and opening and closing statements

Speaking roles were clear, creative, and appropriate in all

respects

Team worked well as a cooperative unit to present a cohesive

trial strategy (Max Points available

only to winning team)

Total Score: / 50

Literature and the Arts

The Mock Trial Unit Final Grade Sheet Self Reflection / Parent Feedback Name_______________________________________________________________________________ Date___________________________________Section_______________________________________ Final Scores ______/10 points for The Justice Take Home Quiz

______/50 points for team performance in trial

______/50 points for individual participation in planning and preparation (peer evaluated)

______/50 points for the individual role note-taking and planning work

______/50 jury participation including trial notes

______/50 points for persuasive writing (Letter 4)

______/10 points for the Self-Reflection / Parent Feedback Sheet

______/270 Final Score

Student Self Reflection: (5 points)

List 3 things that you enjoyed about the trial and explain why you enjoyed each one.

1.

2.

3.

Which part of the trial was the most challenging for you in a positive way? What was the positive result of this challenge?

Which part of the trial did you put the most effort into? How did you feel about the end result?

What are some new things that you learned about yourself in this unit? (think about time management, organization, speaking in front of your peers, writing skills, meeting deadlines, playing a role, learning about the Justice System, court room behavior, persuasive techniques, etc.)

Parent / Guardian Feedback: (5 points) What kinds of conversation were generated at home around this unit? Did you notice a more persuasive child around the house? Did your child enjoy this unit?

Parent / Guardian Signature________________________________________________________________Date_________ Parent / Guardian printed name__________________________________________________________          

CASE FILE NOTE-TAKING Name: Date: Section: CASE: Directions: Once you have completely read the case file provided by the police, please fill out the case overview. CASE OVERVIEW: What is the date of the crime? What is the location of the crime? Which city and state do the crime take place in? What time of day did the crime happen? What weapon was used in the crime? Who is the victim(s)? Who is being accused of the crime? What is the defendant being charged with? Are there other suspects that could also be charged with the crime? Is there a motive for the crime? What evidence do the police have that connect the defendant to the murder? What additional evidence would be necessary to connect the defendant to the murder?

CASE FILE NOTE-TAKING

Name of witness:

How does this witness know the victim?

How does this witness know the defendant?

What basic information do you know about this witness? (gender, age, occupation, etc.)

Facts testified by the witness:

Dates and times mentioned by the witness:

Questions that YOU have about this witness’ testimony:

What evidence needs to be created to corroborate the facts given by the witness?

Is this particular witness trustworthy? Why or why not?

How does this testimony help the prosecution?

How does this testimony help the defense?

CASE FILE NOTE-TAKING

Name of witness:

How does this witness know the victim?

How does this witness know the defendant?

What basic information do you know about this witness? (gender, age, occupation, etc.)

Facts testified by the witness:

Dates and times mentioned by the witness:

Questions that YOU have about this witness’ testimony:

What evidence needs to be created to corroborate the facts given by the witness?

Is this particular witness trustworthy? Why or why not?

How does this testimony help the prosecution?

How does this testimony help the defense?

CASE FILE NOTE-TAKING

Name of witness:

How does this witness know the victim?

How does this witness know the defendant?

What basic information do you know about this witness? (gender, age, occupation, etc.)

Facts testified by the witness:

Dates and times mentioned by the witness:

Questions that YOU have about this witness’ testimony:

What evidence needs to be created to corroborate the facts given by the witness?

Is this particular witness trustworthy? Why or why not?

How does this testimony help the prosecution?

How does this testimony help the defense?

CASE FILE NOTE-TAKING

Name of witness:

How does this witness know the victim?

How does this witness know the defendant?

What basic information do you know about this witness? (gender, age, occupation, etc.)

Facts testified by the witness:

Dates and times mentioned by the witness:

Questions that YOU have about this witness’ testimony:

What evidence needs to be created to corroborate the facts given by the witness?

Is this particular witness trustworthy? Why or why not?

How does this testimony help the prosecution?

How does this testimony help the defense?

CASE FILE NOTE-TAKING

Name of witness:

How does this witness know the victim?

How does this witness know the defendant?

What basic information do you know about this witness? (gender, age, occupation, etc.)

Facts testified by the witness:

Dates and times mentioned by the witness:

Questions that YOU have about this witness’ testimony:

What evidence needs to be created to corroborate the facts given by the witness?

Is this particular witness trustworthy? Why or why not?

How does this testimony help the prosecution?

How does this testimony help the defense?

CASE FILE NOTE-TAKING

Name of witness:

How does this witness know the victim?

How does this witness know the defendant?

What basic information do you know about this witness? (gender, age, occupation, etc.)

Facts testified by the witness:

Dates and times mentioned by the witness:

Questions that YOU have about this witness’ testimony:

What evidence needs to be created to corroborate the facts given by the witness?

Is this particular witness trustworthy? Why or why not?

How does this testimony help the prosecution?

How does this testimony help the defense?

Theory of the Case  Name:               Date:  Section:                       CASE:    Directions:  One  you  have  completely  read  the  case  file,  and  filled  out  your  CASE  NOTES,  please  fill  out  YOUR  theory  of  the  case.    THEORY  OF  THE  CASE:  The  narrative  we  should  tell  the  jury  is…                                                            Our  team  should  try  to  prove…      

I  think  _______________________  committed  the  crime.  The  motive  for  the  person  who  committed  the  crime  is…                            The  evidence  I  think  we  will  need  to  create  to  PROVE  (prosecution)  or  SUGGEST  (defense)  this  motive  to  the  jury  is………..                            The  witness  testimony  that  will  be  the  most  beneficial  is…….because……                                    

Basic Statistics:

Name:

Age:

Nationality:

Socioeconomic Level:

Hometown:

Current Residence:

Occupation:

Income:

Best friends (describe relationship): Significant Others (describe relationship): Relationship skills:

Physical Characteristics:

Height:

Weight:

Race:

Eye Color:

Hair Color:

Glasses or contact lenses?

Distinguishing features:

How does he/she dress?

Mannerisms:

Witness Profi le Worksheet

Habits: (smoking, drinking etc.)

Health:

Hobbies:

Favorite Sayings:

Speech patterns:

Disabilities:

Style (Elegant, shabby etc.)

Intellectual/Mental/Personality Attributes and Attitudes:

Educational Background:

Intelligence Level:

Any Mental Illnesses?

Witness's short-term goals in life:

Witness's long-term goals in life:

How does witness see himself/herself?

How does witness believe he/she is perceived by others?

How self-confident is the witness?

Does the witness seem ruled by emotion or logic or some combination thereof?

Emotional Characteristics: Introvert or Extrovert? How does the witness deal with anger? With sadness? With conflict?

Is the witness generally polite or rude? How the witness is involved in the case: Witness’s role in the case: Relationships with other witnesses: (describe the relationships this witness has with other witness’ and the connections or implications this has for the case). How can this witness help the prosecution team?

How can this witness hurt the prosecution team?

How can this witness help the defense team?

How can this witness hurt the defense team?

Additional Notes on this witness:

STUDENT LAWYER NOTE-TAKING Name: Date: Section: CASE: Directions: Once you have been assigned your witness to examine, please fill out the note-taking sheet below. TIP: Each of your witnesses needs to be fully prepared for direct testimony. You must go over their testimony from the police file and make sure that what they intend to say on the witness stand is consistent with your team’s theory of the case. Information about your witness will come from the police file and from your imagination. None of the created information can contradict what is in the police file. WITNESS NOTE-TAKING / DIRECT EXAMINATION

Name of witness: Student who will play this witness: Student alternate:

How does this witness know the victim?

How does this witness know the defendant?

What basic information about this witness will help establish credibility for the jury? (gender, age, occupation, etc.)

What is the GOAL of this witness testimony?

What valuable information MUST this witness convey to the jury about the case?

What information does your witness need to downplay in order to help your case?

What specific pieces of evidence need to be introduced during this witness’ testimony?

**Please attach a list of the direct examination questions that you and your partner have written. Your questions should include the exact question the lawyer will ask, and the exact answer the witness must memorize.

Next, you must prepare your witness for cross-examination. Try to think of questions that the opposing lawyer might ask. Advise the witness to pay close attention to the lawyer’s questions and answer only the question being asked. Caution your witnesses to never volunteer information under cross-examination. WITNESS NOTE-TAKING / CROSS EXAMINATION

Brainstorm a list of questions that might come up in Cross Examination AND the best way to answer them. **Please attach them to this document.

What information should your witness try NOT to reveal in Cross Examination?

What information should your witness convey in Cross Examination?

What is the goal for this witness during Cross Examination?

STUDENT LAWYER NOTE-TAKING: CROSS EXAMINATION Name: Date: Section: CASE: Directions: Once you have been assigned your witness to CROSS examine, please fill out the note-taking sheet below. TIP: You will be conducting a CROSS EXAMINATION. That means that you will have to listen carefully during the witness’ direct examination, take detailed notes, and have an idea of questions you would like to ask during cross examination. You may have to create some questions on the spot during trial. You must go over their testimony from the police file and decide what information you would like to extract from this witness. What light would you like to “paint them in” for the jury? How can this particular witness help or hurt your team’s case? WITNESS NOTE-TAKING / CROSS EXAMINATION

Name of witness:

How does this witness know the victim?

How does this witness know the defendant?

What about this witness will help your case? What about this witness will hurt your case?

What is the GOAL of your cross examination?

What specific pieces of evidence need to be introduced during this witness’ testimony?

**Please attach a list of the cross-examination questions that you have written.