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Mock Trial Team Time

Bellwork: Please get out your evidence gathering sheet, your copy of R&J, a writing utensil, and a paper for notes. Sit with your trial team :)

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Your evidence gathering sheet is due at the end of class today so I can get it back to you ASAP.

Please take a picture of it before you turn it in so you can reference it while I’m grading it.

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What are my expectations?

Exceeds Expectations

Meets Expectations

Approaching Expectations

Preparation

Student is very well prepared, speaking articulately on thorough textual evidence (though not referencing the play itself) - including using page numbers from the play in their graphic organizer.

Student is prepared. Student speaks an adequate amount of time and uses some appropriate textual evidence, as Miss Johnson can see from looking at their cited graphic organizer.

Student does not seem prepared; they speak for a very short amount of time or forget what to say.

OR information is not based on the play; no textual evidence is cited in the graphic organizer.

Presentation

Student gets very into character by dressing formally and/or speaking with great emotion.

Student speaks slowly enough and audibly enough for the audience (“jury”) to understand easily.

Student glances at notes only occasionally, if at all.

Student makes some effort to get into character by dressing formally or speaking with emotion.

Student’s speech is understandable.

Student sometimes reads notes, but mostly makes eye contact with jury.

Student does not make much effort to get into character, speaking in a monotone and dressing informally.

Student speaks too quietly or too quickly to be understood.

�Student reads notes and makes no attempt at eye contact.

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Step 1: Whose side are you on, anyway?

Trial teams (there is a sheet for each period)

If you have a legitimate concern and wish to be on a different team, you must let me know right away. The teams must be finalized today.

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Step 2: Determine your role

Within your team, you will each have a different job to do.

You will either be a lawyer or a witness.

Lawyer roles: opening statement, direct questioning, cross-examination, closing statement

Witnesses will be directly questioned and cross examined. They can either be character witnesses, eye witnesses, or star witnesses.

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Step 2: Determine your role

For more clarity as to what each role does, we’re going to spend some time looking at definitions and examples of the jobs…

This should help you decide what you want to do in the trial. But remember, not everyone on the case can do the same thing, and every role has to be filled, so you might have to compromise.

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Step 2: Determine your role

Each role has a unique graphic organizer to help you prepare for your specific job.

Remember, you must use textual evidence (quotes from the play) to support your claim! You don’t have to say the page numbers or anything in the context of the trial, but I do need to see that your claims are evidence-based and not out of nowhere. Yes, this is part of the rubric.

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Step 2: Determine your role

So, you want to be a witness?

Well, who do you want to be? Take a look at these suggestions.

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Mock Trial Team Time

Bellwork: Please get out your evidence gathering sheet, your copy of R&J, a writing utensil, and a paper for notes. Sit with your trial team :)

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Announcements

  • All late work/revisions are due 12/2
  • Let me know TODAY if you are going to be gone Weds, Thurs, or Fri
  • Today’s goal: practice your material, get familiar with it, make sure you don’t need to read every sentence, make sure you know your order

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Trial team options (need 2-3 lawyers, 2-3 witnesses)

Parents

Nurse

Friar Laurence

Not Guilty

(Defense)

  • Montague
  • Capulet
  • Lady Capulet
  • Lawyer
  • Lawyer
  • Another lawyer or another witness
  • Nurse
  • Lawyer
  • Lawyer

OPTIONS (pick 2-3):

  • Lawyer
  • Romeo’s ghost
  • Juliet’s ghost
  • Child psychologist
  • Friar Laurence
  • Lawyer
  • Lawyer

OPTIONS: pick 2-3

  • 3rd lawyer
  • Romeo’s ghost
  • Juliet’s ghost
  • Balthasar

Guilty

(Prosecu)

  • Lawyer
  • Lawyer

OPTIONS (pick 3-4)

  • Psychologist
  • Lawyer
  • Romeo’s ghost
  • Juliet’s ghost
  • Paris
  • Nurse
  • Montague
  • Capulet
  • Lady Capulet
  • Lawyer
  • Lawyer

OPTIONS (pick 1)

  • Lawyer
  • Lady Montague
  • Paris
  • Montague
  • Capulet
  • Lady Capulet
  • Lawyer
  • Lawyer

OPTIONS (pick 1)

  • 6th role: lawyer or Lady Montague

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IMPORTANT REMINDERS!!

  • Each witness will be directly questioned and cross examined.
  • You need to know who the witnesses are on the other team, for the purposes of cross-examination. You must know FOR CERTAIN by now who the witnesses will be (e.g. Romeo’s ghost, Friar Laurence, Capulet, a child psychologist, etc.) so that the other team can prepare.
  • You cannot have the same witness on two teams (e.g., Romeo defending his parents and Romeo prosecuting his parents). IF there is a conflict - both teams want to use the same witness - decide who has the best textual evidence to support their claim, and then the other team will have to choose a different witness to include.

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Step 2: Determine your role (Jigsaw)

We are going to briefly split into role groups so you can meet other people who are doing the same job as you, on different teams. In your role groups, you are going to fill out

Trial groups: people on your team (e.g., defending the nurse) who are doing different jobs/roles (e.g., lawyer doing the opening statement, the star witness, the lawyer doing the cross-exam)

Role groups: people who are not on your team, but are doing the same role as you (e.g., you are all doing the cross-examination)

On your piece of paper, create an outline for what you are doing that you will fill in later with your team. If you have more than one role (e.g., opening and closing statement), prepare for both!

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For the lawyers doing an opening or closing statement:

What you are going to say to the jury:

  • Introduce the case
  • Summarize what evidence you are going to present or DID present to the court (via questions that your witnesses will answer)
  • Your thesis (ask the jury for a guilty or not guilty verdict; this will depend which side you’re on)

Textual evidence that supports what you are going to say to the jury

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For the lawyers doing a direct question or cross-exam:

Be sure to specify WHICH witness you are questioning (name names) and specify whether you are CROSS EXAMINING Or DIRECTLY QUESTIONING them.

What evidence you have about the witness that will show the defendant’s guilt or innocence (actually paraphrase or write out quotes, then cite)

The questions you are going to ask to reveal that knowledge

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For the witnesses:

Box 1: What you know pertinent to the trial (e.g., what information you have to prove that the defendant is guilty or not guilty of that crime)

Box 2: What questions the lawyer might ask you, based on what you know (the box to the left) - these are questions you know ahead of time, and you and your lawyer who is directly questioning you should work on this together.

Box 3: Possible questions that the other team’s lawyer(s) might ask you to make you look bad (predict)

Box 4: How you might respond to those questions

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Step 3: Affirm your commitment to the team

  • Read the contract together
  • Write down each person’s role
    • E.g., lawyer, witness (character name or expert [psych]
  • Affirm your commitment to the team, that you will do your job to be ready!

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Step 4: Get started on your role!

Use your work time wisely!

Once you’ve identified who you will use as your witnesses in this trial, you can figure out what they know to create

  • Opening statement
  • Closing statement
  • Direct questions

And you will find out who the other side’s witnesses are so you can prepare questions for cross-examination.

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Step 4: Get started on your role!

Fill out your graphic organizer for YOUR role. (Lawyers who are doing the direct questioning, and witnesses who are being questioned, some of this time will be spent together.)

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What are my expectations?

4 (Excellent)

3 (Good)

2 (Adequate)

1 (Inadequate)

Evidence (Reading - did you pick the best evidence from the play?)

Student is very well prepared, speaking articulately on thorough and relevant textual evidence (though not referencing the play itself) - including using page numbers from the play in their graphic organizer.

Student is well prepared, speaking on appropriate, relevant textual evidence that supports their case.

Student is prepared. Student speaks an adequate amount of time and uses some appropriate textual evidence, as Miss Johnson can see from looking at their cited graphic organizer.

Student does not seem prepared; they speak for a very short amount of time or forget what to say.

OR information is not based on the play; no textual evidence is cited in the graphic organizer.

Analysis (Writing)

Student has written questions, responses, or a statement that get to the heart of the case, demonstrating thorough, insightful knowledge of how evidence demonstrates a defendant’s guilt or innocence of a certain crime (clear for the jury)

Student has written questions, responses, or a statement that demonstrate relatively convincing knowledge of how evidence demonstrates a defendant’s guilt or innocence of a crime. (mostly clear to the jury)

Student has written questions, responses, or a statement that demonstrate some knowledge of how evidence demonstrates a defendant’s guilt or innocence of a crime (sort of clear to the jury)

Student’s questions, response, or statement are too brief or unclear to demonstrate knowledge of how evidence shows a defendant is guilty or not guilty of a certain crime (not clear to the jury)

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What are my expectations?

4 (Excellent)

3 (Good)

2 (Adequate)

1 (Inadequate)

Listening

Student is very attentive to other trials, taking thorough notes, and using only the best evidence presented in court to make their decision regarding a verdict.

Student is attentive to the trial, taking notes and using evidence to make a decision regarding a verdict.

Student may have one lapse but mostly pays attention to the trial and is able to use evidence to make a decision.

Student is inattentive to trial (on phone, daydreaming, doing other work, whispering to others)

Speaking

Student gets very into character by dressing formally and/or speaking with great emotion.

Student speaks slowly enough and audibly enough for the audience (“jury”) to be convincing and understandable.

Student glances at notes only occasionally, if at all.

Student makes a good effort to get into character by dressing formally or speaking with emotion.

Student’s speech is understandable and confident.

Student sometimes reads notes, but mostly makes eye contact with jury.

Student makes some effort to get into character with some formal dress or a bit of in-character emotion. Student’s speech is understandable with a few possible lapses.

Student reads from notes and makes some attempts at eye contact.

Student does not make much effort to get into character, speaking in a monotone and dressing informally.

Student speaks too quietly or too quickly to be understood.

�Student reads notes and makes no attempt at eye contact.

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Trial Order

  • Opening Statement (prosecution, then defense)
  • Prosecution’s witnesses
    • Witness 1 - prosecution direct questions, defense cross-examines that witness
    • Witness 2 - prosecution direct questions, defense cross-examines that witness
    • Witness 3 - prosecution direct questions, defense cross-examines that witness
  • Defense’s witnesses
    • Witness 1 - defense direct questions, prosecution cross-examines that witness
    • Witness 2 - defense direct questions, prosecution cross-examines that witness
    • Witness 3 - defense direct questions, prosecution cross-examines that witness
  • Closing statement (prosecution, then defense)

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Announcements

  • All late work/revisions are due 12/6
  • Let me know TODAY if you are going to be gone Weds, Thurs, or Fri
  • Today’s goal: practice your material, get familiar with it, make sure you don’t need to read every sentence, make sure you know your order

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Objections

When a lawyer asks a question that is unfair, the other team’s lawyers will call an objection. If someone asks something objectionable, the jury is asked not to consider what was just said when they make their decision.

Some objections:

  • Irrelevant - the lawyer asked something that isn’t related to the trial or charges
  • Hearsay - the witness is asked to discuss someone else’s opinion, not their own
  • Badgering the witness - the lawyer seems to be bullying or overwhelming the witness
  • Asked and answered - that question has already been asked
  • Facts not in evidence OR speculation - the lawyer is suggesting something that isn’t true or hasn’t been presented; wants the jury to jump to conclusions
  • Leading question - seems to force a witness to answer a certain way; these can be asked during cross-examination, but not direct questioning. (Lawyers cannot present evidence, only ask questions; some safe bets are “who, what, when, where, why, how” questions)

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Objections, continued

When a lawyer asks a question that is unfair, the other team’s lawyers will call an objection. If someone asks something objectionable, the jury is asked not to consider what was just said when they make their decision.

  • After a lawyer makes an objection, the judge will either:
    • Overrule the objection (the objection was unnecessary; the witness can answer)
    • OR Sustain the objection (the objection was right; the called-out lawyer acted out of line)
  • Only lawyers can make objections; witnesses cannot.