Trial Practice

From

04/16/2012

To

04/22/2012

Content


 Trial Practice – this Unit focuses on what happens at an actual trial, and the many steps that lawyers must take in preparation for that trial.  Students learn about case strategy and how to write opening and closing statements and direct and cross examinations.  Much of the information in this unit comes from Thomas Mauet’s book, “Trial Techniques.”  The Unit culminates with an in-class Trial where students must carry out all steps of an actual trial.

a.      Trial process – a review of the steps in a trial, first introduced during Unit 1, Section c.

b.      Opening Statements – purpose; rules, steps, and information that must be included in an  opening statement; key characteristics of an effective one; developing your theory of the case; using themes and labels                                                                                

c.      Direct Examination – purpose; rules and steps for a Direct Examination; key characteristics of an effective one; strategizing what information you are trying to elicit

d.      Cross Examination – purpose; rules and steps; key characteristics of an effective cross; when you should or shouldn’t cross examine a witness                                                 

e.      Objections – what is the purpose of objections?  Why are certain things objectionable in a courtroom?  Why do lawyers make objections?  How and when does a lawyer make objection?  What are some of the more common objections?

f.       Interviewing and Preparing Witnesses – how to interview a witness; what information is important to get; what does your word choice and body language convey; what to do with witnesses who seem less credible than preferred; preparing a witness for testimony

g.      Closing Arguments – purpose; rules, steps, and information that must be included in an closing statement; key characteristics of an effective one

h.     Mock Trial – students are divided into teams of 3 to 4 students and given a criminal case.  Each group is assigned to be either the Prosecution or Defense.  Each group must do every part of the trial – interview and prepare witnesses, strategize their theory of the case, write an opening and closing, make objections during the trial, and perform a direct and cross examination.

                                                    i.     Teachers play the parts of the witnesses.   Each group is given class-time to interview both their party’s witnesses and the opposing party’s witnesses.  They must then strategize, and then prepare their witness for their testimony.

                                                   ii.     On the day of the actual trial, there is a jury made up of other teachers, and I play the part of the judge.  We walk through every step of the trial, and in the end the jury renders a verdict.


Skills


Resources


Instructional Strategies


Assessment


 Mock Trial – students are divided into teams of 3 to 4 students and given a criminal case.  Each group is assigned to be either the Prosecution or Defense.  Each group must do every part of the trial – interview and prepare witnesses, strategize their theory of the case, write an opening and closing, make objections during the trial, and perform a direct and cross examination.

i.     Teachers play the parts of the witnesses.   Each group is given class-time to interview both their party’s witnesses and the opposing party’s witnesses.  They must then strategize, and then prepare their witness for their testimony. 

ii.     On the day of the actual trial, there is a jury made up of other teachers, and I play the part of the judge.  We walk through every step of the trial, and in the end the jury renders a verdict.

Outcomes


The third goal is for students to understand the process which is followed during an actual trial, and to learn how to plan, strategize and carry out each step of that process.