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Mock Trial

Name:

Table of Contents

Unit Guide

Lisa Joye

IHS Literature and the Arts

2018-2019

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

Case File Note Taking

The Theory of the Case

Letter Four (persuasive writing)

Self-Reflection / Parent Feedback Sheet

RUBRICS

Team Performance Rubric (filled out by the teacher)

Witness Performance Rubric

Grading (330 pts)

10 points awarded for the Justice System Take Home Quiz 10 points awarded for the Drawbridge Activity 50 points awarded for Team Performance in trial 50 points awarded for the Individual Note-Taking and Planning Work (theory of the case, case file note taking, paperwork associated with your assigned role) 100 points awarded for Persuasive Performance (teacher awarded) 50 points awarded for Jury Participation including trial notes and score sheets 50 points awarded for Persuasive Writing (Letter 4) 10 points are awarded for the Self -Reflection / Parent Feedback Sheet

The Drawbridge

Asheleftforavisittohisoutlyingdistricts,thejealousbaronwarnedhispretty

wife:“DonotleavethecastlewhileIamgone,orIwillpunishyouseverelywhenIreturn!”

Butasthehourspassed,theyoungbaronessgrewlonely,anddespiteherhusband’s

warningsshedecidedtovisitherlover,wholivedinthecountrysidenearby.Thecastle

wassituatedonanislandinawide,fast-flowingriver.Adrawbridgelinkedtheislandto

themainlandatthenarrowestpointintheriver.“Surelymyhusbandwillnotreturn

beforedawn,”shethought,andorderedherservantstolowerthedrawbridgeandleaveit

downuntilshereturned.

Afterspendingseveralpleasanthourswithherlover,thebaronessreturnedtothe

drawbridge,onlytofinditblockedbyagateman,wildlywavingalong,cruelknife.“Donot

attempttocrossthisbridge,Baroness,orIwillhavetokillyou!”hecried.“Thebaron

orderedmetodoso.”

Fearingforherlife,thebaronessreturnedtoherloverandaskedhimforhelp.“Our

relationshipisonlyasexualone,”hesaid.“Iwillnothelpyou.”

Thebaronessthensoughtoutaboatmanontheriver,explainedherplighttohim,

andaskedhimtotakeheracrosstheriverinhisboat.“Iwilldoit,butonlyifyoucanpay

myfeeoffivemarks,”hesaid.

“ButIhavenomoneywithme!”thebaronessprotested.

“Thatistoobad.Nomoney,noride,”theboatmansaidflatly.

Herfeargrowing,thebaronessrancryingtothehomeofafriend,andafter

explainingherdesperatesituation,beggedforenoughmoneytopaytheboatmanhisfee.

“Ifyouhadnotdisobeyedyourhusband,thiswouldnothavehappened,”thefriendsaid.“I

willgiveyounomoney.”

Withdawnapproachingandherlastresourceexhausted,thebaronessreturnedto

thebridgeindesperation,attemptedtocrosstothecastleonherown,andwasslainbythe

gateman.

The Drawbridge-Pre-Writing Activity

Directions:Afterreadingthestory,completethechartbelowtohelpyoudecidewhichcharacteryouwanttoargueisMOSTtoblameforthebaroness’sdeath.Considereachcharacter’sinvolvementinthedeathofthebaronessanddecidewhoyouthinkismostresponsible.Usingthechartbelow,rankthecharactersfrom1to6(1istheMOSTresponsible,2istheNEXTMOSTresponsible…6istheLEASTresponsible).Writeyourresponsesinthe“Ranking”column.Aftereachranking,provideabriefrationaletojustifyyourdecision.Characters

Ranking Rationale

Baron

Baroness

Boatman

Gateman

Friend

Lover

Description of Roles for Trial

Readoverthedescriptionsoftherolesandresponsibilitiesforthemocktrial.Then,rankyourtop(3)choicesinorderfromyourfirstchoice(1)toyourthirdchoice(3).Makesureyouspecifyifyouwanttobeontheprosecutionordefense.Iwillmakeeverypossibleefforttoassignyouoneofyourtoppreferences. LeadAttorney:Planstrialstrategy,helpscreateevidence,helpspreparewitnesstestimony,questionyourteam’switnesses,assistinplanningforcross-examinations,andcooperativelywriteopeningstatementandclosingstatementswiththeassistantattorney.Mustdelivereithertheopeningortheclosingstatementtothejuryforapersuasiveperformancegrade.LeadAttorneymakesthefinaldecisiononalltrialmatters.AssistantAttorney:Planstrialstrategy,helpscreateevidence,helpspreparewitnesstestimony,questionyourteam’switnesses,assistinplanningforcross-examinations,andcooperativelywriteopeningstatementandclosingstatementswiththeleadattorney.Mustdelivereithertheopeningortheclosingstatementtothejuryforapersuasiveperformancegrade.Counselors:Helpsplantrialstrategy,responsibleforwitnessquestioning.Youradaptabilitywithquestionandanswertechniquewillbeyourpersuasiveperformancegrade.Witnesses—Somewitnesseswillplaylargeroles,andotherswillplaymoreminorparts,butallareimportanttotheoutcomeofthetrial.Witnesseswillhave20minutestocompletetheirdirectandcrossexaminationtestimony.Iffurthertimeisneededwiththewitness,thenyoumayberecalledtothestandbeforetrialisconcluded.Thewitnessplayingthedefendantwillbegiven30minutesonthestand.Witnesses,otherthanthedefendant,areencouragedtohelptheattorney’scompletedirectexaminationsandcross-examinationsduringtrial.Yourwitnesstestimonywillbeyourpersuasiveperformancegrade.

Mock Trial Request Form

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

Name: _____________________________________________Section_________________________ Lead Prosecution Attorney Lead Defense Attorney Assistant Prosecution Attorney Assistant Defense Attorney Prosecution Counselors Defense Counselors Witness for the Prosecution Witness for the Defense The Defendant Mytopthreechoicesare: 1.__________________________________________________ 2.__________________________________________________ 3.__________________________________________________

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 • 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 letter demonstrating the use of rational, ethical, and

emotional appeals • Learn honesty, integrity and engage in individual and group assessment

Words Can Inspire.

Words Can Destroy. Choose Yours Well.

The Defense and Prosecution

Persuasion is Not a Science But an Art

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. decide on witnesses order of appearance for trial 5. must write an opening and closing statement 6. must organize your witnesses and questions to prove case (research may be

needed) 7. must organize questions to ask the opposing witnesses 8. must practice question and answer technique and witness prompting

- The Burden of 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 There are two ways to “win” your case. First there is the Persuasive Performance grade. Every student will have to demonstrate his or her mastery of persuasive techniques by completing a performance. All individual performances scores for a team will be compiled to determine the most persuasive team. The Judge and Jury will rank the opening and closing statements, and each witness’ testimony on their use of the 3 appeals and overall persuasiveness. The team judged to have the best overall persuasive techniques will score a “win.” The second way to score a “win” for your team is win the verdict from the Jury in deliberation. Your team might be the most persuasive team, but not have enough evidence to be awarded a conviction. Evidence and persuasion do not always go hand and hand when it comes to the justice system. If you get a verdict that is your team’s favor, you will score a “win.” **If the most persuasive team ALSO wins the verdict in their case, they will receive 10 extra credit points. The actual letter grade awarded to the teams is determined by the teacher and based on the overall performance of each legal team. It is certainly possible for BOTH teams to earn an A on this project—if they are both outstanding! (It is also possible that no team earns an A).

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

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

and closing statements ! works well within a cooperative team atmosphere ! 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.**

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. Rational Appeal Rational 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 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 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 Not Guilty (a verdict win for the defense) Homicide: the unlawful killing of a human being • Justifiable Homicide: killing someone in self defense (a verdict win for the defense)

Definitions of Homicide

• Excusable Homicide: killing someone by plea of insanity (cannot argue excusable homicide for this mock trial) • Criminal Homicide: all other homicides Four types of Criminal Homicide: " 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 (a verdict win for the defense)

" 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 (a verdict win for the prosecution)

" 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 (a verdict win for the prosecution)

" 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. (a verdict win for the prosecution)

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

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 objectionable 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 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. 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. 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. Many a trial has been won or lost on the witness stand. (YOU MAY HAVE ONE INDEX CARD with any trial notes in your possession on the stand)

• Familiarize yourself thoroughly with the case materials. Know what you should testify to and what other witnesses know.

• 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.

• If asked a question during cross-examination to which the case materials supply no answer, you may make up an answer. Your answer should 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. 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.

• Always be courteous to witnesses, other attorneys, and the judge. • 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. # 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.

# 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.

Presenting opening and closing statements Attorneys should employ effective speech-making techniques:

• Organize any materials before beginning.

• 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 storyteller 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 • 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:

$ All evidence you want to refer to during the trial must be either given to you by the judge, and/or created by your team or the opposing team.

$ Evidence created will be examined by the judge for relevancy to the case.

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

$ ALL EVIDENCE MUST BE SHARED AND APPROVED

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. The judge will keep the original copy.

• 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 (2) pieces of evidence for approval.

• A diagram of the crime scene will be provided by the judge.

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

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 determine whether witnesses 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. The jury will 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.” We will not have a “hung jury” (when you cannot reach an agreement by consensus). If the group cannot reach a unanimous decision, then the judge will go with the majority vote. The jury will return to the courtroom after they have reached a verdict. The jury foreman (to be appointed by judge) will read the verdict to the court. The jury’s verdict is final.

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 (rational, ethical, emotional)

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? What city and state did 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 (please take notes on YOUR TEAM’s WITNESS #1)

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 could help convince the jury this testimony is factual?

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 (please take notes on YOUR TEAM’s WITNESS #2)

Name of witness:












Name of witness:











Theory of the Case

Name: Date:Section: CASE:Directions:Oneyouhavecompletelyreadthecasefile,andfilledoutyourCASENOTES,pleasefilloutYOURtheoryofthecase.THEORYOFTHECASE:

ThenarrativeIthinkweshouldtellthejuryis…Ourteamshouldtrytoargueforthisverdict…

Ithink______________________________________committedthecrime.Themotiveforthepersonwhocommittedthecrimeis…

TheevidenceIthinkwewillneedtocreatetotryandprovemytakeonthecaseis………Thewitness’whosetestimonywillbethemostbeneficialare…….because……

Letter Four

IHS Global Literature and the Arts / Lisa Joye Letter Due Date:_______________________________________________________________________ Directions: Your letter must be hand written. Please label your letter as such: Your Name Date (Month, Day, Year) Dear Mom and/or Dad, (or some sort of greeting to your parent/parents/guardian) Please include five paragraphs in your letter **(you may switch the order of paragraphs 2-4 if it helps your argument)

In paragraph one, write about an issue that you would like to persuade your parents about. Is there an issue that you would them to see your way? Is there something that you would like to purchase? Is there a class you would like to take? A pet you would like to get? Is there a college you would like to apply to or a field of study that you would like to learn more about? Is there an activity that you would like to step away from? Is there something new you would like to try? Would you like a circumstance to change at home? Are there privileges you would like to earn? Would you like to get a job or earn your driver’s license? Is there someone you would like to date? Do you want to reinvent yourself, or change your name or identify differently than you do?

In the second paragraph use your power of persuasion to convince your parents with an emotional appeal. Your goal is to show your passion for this issue and to convince them to feel a certain way. Emotional arguments focus mainly on telling stories that stir up feelings. Feeling empathy for someone-understanding what they are going through and how that makes them feel-can often lead to sympathy or compassion. In the third paragraph use your power of persuasion to convince your parents with an ethical appeal. You are asking your parents to trust your opinion. Prove how you are an expert on this issue, or how you important experience that makes you credible, or you are simply trustworthy for a variety of reasons, and therefore your thoughts, feelings and opinions on this matter should be valued.

For the fourth paragraph, use your power of persuasion to convince your parents with a rational appeal. Use facts and evidence. This is where you try and make an intellectual argument suggesting that your proposal is best. Simply put, convince your parents that your suggestion is the one that is the right for you.

For the fifth paragraph, combine all of the appeals together in a concluding paragraph. Remind your parents what you are trying to persuade them of. Recap the most important elements of your argument. Make one last emotional plea and ethical stance.

End your letter with some sort of salutation...(yours truly, sincerely, be well, with great respect, etc.) and then sign your name.

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

The best critiques teach and encourage. Please offer areas of improvement and positive attributes of the witness’ testimony:

Literature and the Arts

Delivery Was the language vivid and appropriate for the character? Was the delivery natural and believable? Was the enunciation clear? Was the volume appropriate? Was there sufficient variety in rate, pause and pitch? Did the witness exhibit poise and confidence? Was there direct eye contact? Needs Practice Successful Outstanding

1 2 3

Organization Did the witness hold your attention throughout their testimony? Was their connection to the case made clear to you? Did the witness give special focus to the key ideas in their testimony? Was the testimony clear and easy to understand? Was there a logical progression of ideas? Was there a note of finality with their testimony? Needs Practice Successful Outstanding

1 2 3

Analysis and Content Did the witness answer the questions? Was their content persuasive? Was there specific use of logical appeals? Was there specific use of emotional appeals? Was there specific use of ethical appeals? Needs Practice Successful Outstanding

1 2 3

Criteria for Evaluating Witness Testimony Jury members please evaluate each witness holistically on their total testimony.

Juror’s Name_______________________Witness Name_____________________

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

______/10 points for The Drawbridge Activity

______/50 points for Team Performance in trial

______/50 points for the Individual Note-Taking and Planning Work

(theory of the case, case file note taking, paperwork dealing with your assigned role )

______/100 points for Persuasive Performance (awarded by the teacher)

______/50 Jury Participation including trial notes and score sheets

______/50 points for Persuasive Writing (Letter 4)

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

______/330 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? In which areas did you see your child grow (public speaking, memorization, writing, persuading, critical thinking, time management, confidence, engagement in the class, etc.)

Additional feedback: Parent / Guardian Signature________________________________________________________________Date_________ Parent / Guardian printed name__________________________________________________________

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