Preparing for a Mock Trial: Writing an Opening Statement, Study notes of Law

Download Preparing for a Mock Trial: Writing an Opening Statement and more Study notes Law in PDF only on Docsity! 1 I. Goals: A. Students will write the beginning of an opening statement for one side of the mock trial B. Students will stay involved in the mock trial preparation C. Students will remain focused and on task II. Objectives: A. Knowledge Objectives: 1. The facts of the case helpful to each side 2. The facts of the case harmful to each side 3. The general theme for each side to convey to the jury B. Skills Objectives: 1. Turn a fact to be beneficial for their side 2. Convey the big picture using the facts 3. Get a jury to empathize with their side 4. Write under a time constraint C. Attitude Objectives: 1. That the opening statement is important to set the stage 2. That the facts of a case can be interpreted differently 3. That sometimes writing under a time constraint can help writer’s block III. Note to teacher: A. This lesson is best after a lesson on the facts of the case and the steps of a trial. B. This is a great lesson for the end of the school year when you are having a hard time keeping their focus and getting homework turned in (this allows them to do their work in class). IV. Classroom Methods: A. Introduction: 1. Explain to the class that today’s lesson will prepare them to write an opening statement for the mock trail. By the end of the lesson they will be able to begin to write an opening statement for their assigned side. 2. Review the purpose and timing of an opening statement by soliciting these responses (see overhead, you can cover up the questions & reveal them one by one): a) When does the opening statement occur in the trial? a. The opening statement occurs after the jury is selected b) Who delivers it? a. The attorney on behalf of the client c) Who is the attorney addressing? a. The jury (sometimes just the judge) d) Which side goes first? a. The prosecution/plaintiff goes first, followed by the defense e) What does the opening statement do? a. Set the stage for your side of the story b. It formulates the jury’s first full impression of what the case is about f) What is included in an opening statement? a. It describes the evidence they will hear and see during the trial (physical evidence, forensic evidence, witness testimony, etc.) Docsity.com 2 b. It characterizes the people involved in the case c. Important facts d. It may include the elements of the crime or level of proof required to win (beyond a reasonable doubt or preponderance of the evidence) B. Small Group Discussion: 1. Divide the class into groups of four to five by counting off (1-2-3-4-5, depending on your class size) a) Odd numbers = Prosecution (or Plaintiff) b) Even numbers = Defense 2. Note to teacher: my students were anti-defense and even though they counted off, the prosecution ended up with eight students and the defense ended up with five. To help counter this, I shared the following analogy to shift their frame of reference: a) Remember building with blocks when you were a kid? (yes) What would you build? (towers, anything, especially tall things) What did you do after you built it? (knocked it down!) Which was more fun, building or knocking down? (knocking down) Exactly. In fact, we/children would often build towers in order to knock them down! Which side of a case builds and which side knocks down? The prosecution builds and the defense knocks down—that’s why defense can be more fun. The defense just knocks down what the prosecution builds! 3. Have each group answer the following questions (first overhead), allow about 15 minutes. a) What is the goal for your side? a. The prosecution/plaintiff will have different goals from the defense. b. Does your side seek a guilty verdict? Damages? Innocent verdict? An apology? b) What facts are most helpful to that goal? c) What facts are most harmful to that goal? d) What are the three most important facts to mention in an opening statement for your side? a. Motive? Forensic evidence? Witnesses? e) What legal information is important to mention in an opening statement? a. The law? Elements of the crime? The burden of proof required (beyond a reasonable doubt or preponderance of the evidence). C. Strategy Review 1. Bring the attention of the class back to the front. 2. Ask the prosecution to share the top 3-5 facts that are most beneficial to the prosecution of the case (consider one fact per group depending on your class size). Write these out on the labeled overhead 3. Ask the defense to share the top 3-5 facts that are most beneficial to the defense of the case. Write these out on the labeled overhead. 4. Ask the prosecution to share the top 3-5 facts that are most harmful to the prosecution. Write these out on the labeled overhead. Docsity.com [OVERHEADS ON THE FOLLOWING PAGES] Docsity.com Purpose of an Opening Statement • When does the opening statement occur in the trial? • Who delivers it? • Who is the attorney addressing? • Which side goes first? • What does the opening statement do? • What is included in an opening statement? o Evidence o Character descriptions of people involved o Important facts o Important legal elements (level of proof) Docsity.com Opening Statement Group Discussion Discuss the following in your group: 1. What is the goal for your side? a) The prosecution/plaintiff will have different goals from the defense. b) Does your side seek a guilty verdict? Damages? Innocent verdict? An apology? 2. What facts are most helpful to that goal? 3. What facts are most harmful to that goal? 4. What are the three most important facts to mention in an opening statement for your side? a) Motive? Forensic evidence? Witnesses? 5. What legal information is important to mention in an opening statement? a) The law? The elements of the crime? The burden of proof required (beyond a reasonable doubt or preponderance of the evidence)? Docsity.com Top Facts Harmful to the Prosecution Docsity.com Top Facts Harmful to the Defense Docsity.com Five Tips For Writing An Opening Statement 1. Keep it simple (this is not the time to share everything). 2. Talk about the case in broad terms, with a theme (guilt or innocence, passion or crime). 3. Remember the jury is the audience (not the judge, the defendant, or the victim). 4. Tell a story that paints a picture of your side of the case. 5. Share only the most helpful facts to your side that the jury will learn about during the trial—or the most harmful to the other side. Docsity.com