Of Mice and Men Mock Trial Defense Attorney Packet

Transcription

1 Of Mice and Men Mock Trial Defense Attorney Packet Responsibilities: Your job is to prove George Milton s innocence or argue that he should not be punished for his killing of Lennie Small. Your team needs to: 1. Understand the charges brought against your client What do charges mean and how are the defendant s actions not criminal? Determine the effects that the defendant s actions had on the other characters or how the other characters affected George. 2. Build a case Find evidence from the book Of Mice and Men and the character charts to examine characters intention, accountability, and power Find evidence other topics mentioned in class that would strengthen your case: stress responses fight, flight, freeze; concepts from the medical, social/political, religious, and veterinarian/biological perspectives; survival of the fittest; hierarchy; etc. Anticipate what the prosecution will argue to convict your client; then, take each anticipated argument and find a way to dispute it Be familiar with your client s motives/intentions (why did your client did what he did), his actions (what he did), and his reactions (how did he respond to the actions was he sad, happy, relieved, etc.?) for each charge. Hint: this sounds a lot like your character charts 3. Present your case before a jury Demonstrate that you believe in your arguments, even if, personally, you find your client s actions to be unforgivable Know your arguments and their supporting evidence so well that you can explain them to a jury with minimal use of notes Demonstrate the strength of your arguments through your tone of voice and gestures you use Speak in such a way that the jury understands the importance of each point, the reasons why the crimes were committed, and the reasons why your client deserves to be found not guilty

2 Each person in your team will have a role, but you can decide amongst yourselves who will do what. However, you must work together so your argument is cohesive, organized, and clear! Also, you will want to help each other practice and give each other feedback! Defense Roles: Presenter of Opening Statement: o Scripted o Presents introduction by explaining the charges, setting the scene (what happened), and stating your team s argument. o Presents an overview of argument: what your team predicts the witnesses will say, what arguments your team will make, and what your team predicts the defense will say. o Urges the jury to find the defendant not guilty. o Addresses the jury o 3 minutes Direct Questioner(s) o Mostly Scripted, but some improvisation o Your team will decide what three character witnesses and two expert witnesses you believe will best help your case and the direct questioner s job is to ask these witnesses questions that will best tell your team s argument. o Intimately learns about each of the witnesses by looking through the book and character and expert testimony, so they can know what questions to ask to best support your argument and proves that George is guilty. o The direct witnesses are on your team, so you treat them kindly and try to make them look good and trustworthy. You will ask them open-ended questions, or questions that witnesses can respond at length (more than just responding yes or no ). These questions allow the witness to tell his/her story: Who, what, when, and where. Example: Where were you on the night of Lennie s death? What did you see? o You will learn basic objections and be able to argue for or against them o Addresses the witnesses and judge o 10 minutes for all five witnesses, so choose who you want to focus on wisely. Cross Questioner(s) o Scripted and improvised o Predict what the defense will argue and create questions that will make the witnesses seem mistaken or untrustworthy, so that it harms the defense s claims. o Intimately learns about each of the opposing witnesses by looking through the book and character and expert testimony, so they can know what questions to ask to best support your argument, while also hurting the defense s claims by proving that George is guilty. o The cross witnesses are not on your team, so ask them only close-ended questions, or questions that witnesses can respond to as yes or no. The

3 more witnesses can talk or give opinions, the more likely they can spin the argument against you. Example: You are working as a migrant worker under the boss and Curley, is that correct? Is it true that you saw Lennie Small crush Curley s hand? o Know the witness s testimony because you can point out any inconsistencies. o You will learn basic objections and be able to argue for or against them o Addresses the witnesses and judge o 10 minutes for all five witnesses, so choose who you want to focus on wisely. Presenter of Closing Statement/Rebuttal o Scripted and improvised o Presents conclusion by repeating the jury of the charges against the defendant, summarizing what the jury heard throughout the trial (what was asked and how the witnesses responded) and restating your team s argument. o More strongly urges the jury to find the defendant not guilty by using evidence. o Addresses the jury o 3 minutes Rebuttal o Completely improvised o Any prosecution member may step in for this role o Makes notes throughout the trial and the defense s closing argument o Responds to claims made by the defense and tries to weaken them o Final thoughts/arguments

4 Opening Statement Checklist Introduction: Greeting, statement of purpose Example: Good morning, my name is Andrea Walkup, and it is my pleasure to represent Lennie Small on this very important case. The defendant stands here falsely accused of murdering Curley s wife, a very serious crime. At the conclusion of the case we will ask for a verdict of not guilty. Theme: Set the stage; what happened from your team s perspective; your team s claim Example: Ladies and gentlemen of the jury, this case is about a person who is intellectually disabled and didn t know what he was doing. Contradict the prosecution s theory: Remember in a trial, the prosecution gives their opening statement first. The prosecutor will outline his or her case and will accentuate the positive or only highlight the points of the case that helps get a conviction. In every mock trial packet there are inconsistencies in the case or facts that help the defense. You need to be prepared to list all the evidence that helps you in your opening. The prosecution hopes that their witnesses with say However, in fact the testimony with show Example: The prosecution has explained that two witnesses have seen my client, Lennie, act violently. However, what the prosecutor didn t say is that my client suffers from an intellectual disability. He literally did not understand what he was doing, and we have an expert witness who will testify that my client is intellectually disabled. Summarize each witness and what they are expected to say: Example: The defense will call two witnesses to the stand, the first witness will testify that he was with my client on the night in question, and my client had not intended to harm Curley s wife, therefore there was no premeditation. Our second witness will testify that he has know my client for many years and acknowledges his inability to make cognitive decisions. Conclusion: Example: At the conclusion of the case we would ask you to find that my client is innocent. The state has not met its burden of proof, and we would ask for a verdict of not guilty. Thank you. Rehearsed! Standing up straight; moving with purpose (no fidgeting or pacing) Looking up at judge, jury, and witnesses Speaks clearly (annunciate and everyone can hear you) Practice speech several times! because practice enhances confidence and performance Speech is 3 minutes long

5 Opening Statement Graphic Organizer Defense Greeting Theme/Argument/Thesis Anticipated argument Counterargument Spin Evidence Witness 1 Bias Evidence Witness 2 Bias

6 Evidence Witness 3 Bias Evidence Witness 4 Bias Evidence Witness 5 Bias Conclusion

7 Direct Questioning Checklist Asks open questions, which allows witnesses to tell their stories and biases and not answering only yes or no Ask relevant questions, or questions that directly connect to your case: enhances your witnesses credibility, decreases the opposing witnesses credibility or bias, proves your argument with specific examples and story Uses the direct question and cross-examination organizer Uses specific quotes from the book with page numbers and witnesses testimonies Know the witnesses testimonies that you are questioning intimately Help witnesses come up with scripted responses to ensure argument consistency Learn objections and be prepared to argue against objections Rehearsed! Standing up straight; moving with purpose (no fidgeting or pacing) Looking up at judge, jury, and witnesses Speaks clearly (annunciate and everyone can hear you) Practice questions and objections several times! because practice enhances confidence and performance All direct questioning for all witnesses is 10 minutes long, so choose questions wisely Cross-examination Checklist Asks close-ended or leading questions, which does not allow witnesses to tell their stories and biases and by answering only yes or no Ask relevant questions, or questions that directly connect to your case: decreases the opposing witnesses credibility or bias (especially the defendant), harms the opposing team s argument Uses the direct question and cross-examination organizer Uses specific quotes from the book with page numbers and witnesses testimonies Know the opposing witnesses roles and characters by looking through the book and testimonies for inconsistencies, lack of knowledge (they weren t personally at the scene or heard something), or bad character Learn objections and be prepared to argue against objections Rehearsed! Standing up straight; moving with purpose (no fidgeting or pacing) Looking up at judge, jury, and witnesses Speaks clearly (annunciate and everyone can hear you) Practice questions and objections several times! because practice enhances confidence and performance All cross-examination for all witnesses is 10 minutes long, so choose questions wisely

8 Direct Question and Cross-Examination Organizer Witness: Question 1 Objective: What do you want the witness to say/prove? Evidence: What did the witness say/do/see/hear? What evidence can back up your claim? Question: What question(s) are you going to ask the witness that will lead he/she to respond how you desire? Expected responses and follow-up questions: What do you expect them to say? How will you respond to those statements? Question 2 Question 3 Question 4 Question 5

9 Closing Statement Checklist Address the jury: Example: Good afternoon, my name is Andrea Walkup and I am a defense lawyer in this case. Review your team s arguments made in the opening statement and throughout the trial: Example: The defense called two witnesses to the stand to testify to our client s innocence. Each witness testified to the fact that my client had not intend to harm the victim. In the case that the prosecutor has presented to you today, there is insufficient proof to convict. We would ask for a verdict of not guilty because our client is intellectually unable to understand his actions. Critique the State s case: It is important to attack the reliability or credibility of the State witnesses. Point out any inconsistencies in the statements of the witnesses, and explain why witnesses might have a motive to lie. Conclusion: Example: The defendant does not have to prove he is innocent, rather it is the burden of the prosecuting attorney to prove that the defendant is guilty. They have not met that burden. We would ask you to render the only verdict that is fair, not guilty. Rehearsed! Standing up straight; moving with purpose (no fidgeting or pacing) Looking up at judge, jury, and witnesses Speaks clearly (annunciate and everyone can hear you) Practice speech several times! because practice enhances confidence and performance Speech is 3 minutes long

10 Closing Argument Graphic Organizer (Defense) Address the jury Review Theme/Argument/Thesis What witness 1 said Review witnesses Why this proves your case What witness 2 said Why this proves your case What witness 3 said Why this proves your case

11 What witness 4 said Why this proves your case What witness 5 said Why this proves your case Critique the State s argument Anticipated possible arguments Counterargument /Spin Conclusion

12 Prosecution Attorney Timeline Day One/November 30th: Get and learn about role Nominate team leader; team leader assigns roles Talk with team about your case s strategy and argument Every member turns in an exit slip: o What is your team s strategy? o What role will you present?: Opening statement? Direct questioning? Crossexamination? Closing argument? A combination? Day Two/December 1 st : Fill out opening statement and closing argument graphic organizer Like in the persuasive argument that you wrote over the break, your argument should incorporate evidence from the book (linking the character witnesses) as well as evidence from the various communities we discussed in class (medical/political/religious/biological) Each member will create a draft of an opening statement and closing argument Turn in progress into journal basket at end of period Day Three/December 2 nd : Teammates will read and discuss each other s arguments Teammates will choose the strongest points (no more than 3) from all the arguments Fill out opening statement and closing argument graphic organizer Teammates will craft opening statements based on strongest points Teammates will craft closing arguments based on strongest points Must complete draft of opening statements and closing arguments before class Monday, December 5 th! Day Four/December 5 th : Bring in draft of opening statement and closing arguments Confer with witnesses to discuss their testimonies: Do their testimonies reinforce your case? Are the testimonies consistent and cohesive with your argument? Assess whether any changes need to be made to testimony to further emphasize argument Discuss how you might reinforce case through direct questioning: How might your witness story and perspective help your case? What should you emphasize? Deemphasize? Discuss how you might harm the opposing team s case through crossexamination: How might their witnesses stories and perspectives hurt your case? How can you discredit their witnesses or their testimony? Conference with Mrs. Walkup Turn in progress into journal basket at end of period

13 Day Five/December 6 th : Talk with witnesses: plan and write direct questions that tell your witnesses stories and emphasizes your case s argument Start familiarizing yourself with objections Turn in progress into journal basket at end of period Day Six/December 7 th : Look over your witnesses testimonies Anticipate what the opposing lawyers will ask your witnesses to discredit your witnesses characters or your case s argument Continue familiarizing yourself with objections; practice with lawyer teammates Turn in progress into journal basket at end of period Day Seven/December 8 th : Finish all written items: testimony, direct questions and responses, anticipated cross-examination questions and responses Conference with team Conference with Mrs. Walkup Rehearse Turn in progress into journal basket at end of period Day Eight/December 9 th : Look over witnesses testimonies on opposing team Create cross-examination questions that discredits opposing witnesses Rehearse Make copies of all work, so you can practice over the weekend Day Nine/December 12: Performance!!! Turn in all work, if haven t already: testimony, scripts, research, etc.